TRUST NAME
PRIVATE
TRUST
©
TRUSTEE NAME, TRUSTEE
TRUST NAME
PRIVATE
TRUST
©
BINDER
CONTENTS:
§1: TRUSTEE ACCEPTANCE
§2: TRUSTEE AUTHORIZATION
§3: TRUSTEE INDENTURE
§4: SCHEDULES
Created:
DATE
NOTICE OF SPECIAL MEETING
DATE: DATE
FROM: SAACHA SPADE, Settlor
TO: TRUSTEE NAME, Trustee
CO-TRUSTEE NAME, Co-Trustee
TRUST PROTECTOR NAME, Trust Protector
CO-TRUST PROTECTOR NAME, Co-Trust Protector
RE: Creation of an Irrevocable Express Trust
TRUSTEE GENDER,
A meeting is hereby called to discuss the creation of an Irrevocable Express Trust
under law on DATE at 9:00 A.M. in COUNTY NAME County, STATE
NAME.
The name of this Trust shall be:
TRUST NAME PRIVATE TRUST
Your attendance will be greatly appreciated.
Cordially,
Saacha Spade, Settlor
Received on this DAY
th
day of MONTH 2022
By:
Alana Streets, Proxy for Trustee(s)
MINUTES OF SPECIAL MEETING
TO CREATE AN IRREVOCABLE EXPRESS TRUST
BY PRIVATE CONTRACT
DATE
To Whom It May Concern:
On
DATE
a special meeting was convened in COUNTY NAME County,
STATE NAME to
arrange for the creation of an Irrevocable Express Trust
under law.
Attending said meeting were following:
SAACHA SPADE, Settlor;
ALANA STREETS by Proxy
TRUSTEE NAME, Trustee
CO-TRUSTEE NAME, Co-Trustee
TRUST PROTECTOR NAME, Trust Protector
CO-TRUST PROTECTOR NAME, Co-Trust Protector
The meeting was called to order at 9:00 A.M.
After due consideration by all concerned, it was unanimously agreed upon to accept the proposal to
create a Private Express Trust, and to perform all necessary and essential duties in the proper
formation of the same.
After due consideration by all concerned, the following was unanimously agreed, that:
1.
The trust shall be created under the laws of the United States of America;
The situs of the trust shall be in the United States of America under the full Faith and Credit of
the states;
2.
The default Beneficiary of the trust shall be BENEFICIARY 1 & BENEFICIARY 2
(hereinafter called “The Beneficiary”) unless and until it shall be duly changed, and the Trustee(s)
of the trust shall be the above-named TRUSTEE NAME (Trustee).
3.
The Irrevocable Express Trust shall be known as TRUST NAME PRIVATE TRUST and its
name shall remain until such time as it shall be duly changed.
Saacha Spade, Settlor Alana Streets, Proxy
TRUST NAME
PRIVATE TRUST
©
DATE
TRUSTEE NAME, Trustee
Receiving mail in care of
STREET ADREESS
ADDRESS CITY, STATE NAME ADDRESS ZIPCODE
TRUSTEE GENDER,
Conditional to your acceptance, you have been appointed Trustee for the above
irrevocable Express Trust. Please consider this letter as the equivalent of an offer to
contract.
Within twenty (20) days from the signing of this acceptance agreement, you may
acknowledge your signing of the declaration of trust and receipt of the trust properly
before a public or private notarial officer duty authorized to take acknowledgments.
You may then resolve to take any action(s) according to the declaration’s provisions
which you deem proper in the administration of the affairs of the trust.
Sincerely,
Saacha Spade, Settlor
Received and accepted on this day of , 2022
By:
TRUSTEE NAME, Trustee CO-TRUSTEE NAME, Co-Trustee
TRUST NAME
PRIVATE TRUST
©
CERTIFICATE OF TRUST
1.
The names and addresses of the currently acting Trustees of the Trust are as follows:
TRUSTEE NAME
STREET ADDRESS
ADDRESS CITY, STATE NAME ADDRESS ZIPCODE
2.
The Trust is currently in full force and effect.
3.
Attached to this Certificate of Trust and incorporated into it are the selected provisions of the Trust evidencing
the following:
a.
First page of the Trust: Appointment of Trustees;
b.
Last pages of the Trust: Signature pages: and
c.
Letter of Introduction for Trustees to Banking officers
4.
The Trust provisions not attached to this Certificate of Trust are of a private, non-negotiable nature, and set
forth the distribution of the trust res. They do not modify the general financial powers of the Trustees.
5.
The Signatories of this Certificate of Trust are currently the acting Trustees of the Trust and declare that the
foregoing statements and the attached Trust provisions are true, correct and complete under penalty of perjury
under the laws of the United States of America.
6.
This Certificate of Trust is dated this DAY
th
day of MONTH 2022.
TRUSTEE NAME, Trustee CO-TRUSTEE NAME, Co-Trustee
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared TRUSTEE NAME, who proved to me on the basis of satisfactory evidence to be the person whose
names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in
their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
DATE
TO WHOM IT MAY CONCERN:
This letter serves a notification that TRUSTEE NAME, Trustee, individually has the
authorization to establish mailing, telephone, electric, gas, water, sewage, and any other utilities or
services for the above organization.
The Trustee(s) of this organization has no other authority or responsibility for this
organization other than administration of the Trust affairs and is not personally responsible for any
of its debts or liabilities.
Under Federal law, although TRUST NAME PRIVATE TRUST is not required to have an
EIN (tax) number to open an account at your institution, all Trustees of TRUST NAME PRIVATE
TRUST are required to have an EIN (tax) number to ensure separation for tax purposes.
All assistance and consideration that you can provide is greatly appreciated.
Saacha Spade, Settlor
TRUST NAME
PRIVATE TRUST
©
DATE
TO: Accounts Manager
& Whom It May Concern
Dear Sir or Madam;
This letter will introduce TRUSTEE NAME as Trustee of TRUST NAME PRIVATE
TRUST. The Trustee(s) of TRUST NAME PRIVATE TRUST adopted a Bank Resolution to be
submitted by the Trustee when required to open demand deposit accounts and other banking and financial
services for the trust.
The Trustee is individually empowered by the Trust Indenture to make deposits and
withdrawals, write checks, sign on the account, and open one or more checking and/or savings
accounts at your institution.
1. Under no circumstance is the bank or financial institution authorized by the Trust Indenture
to engage or represent the Trust in any fiduciary capacity as a Trustee of any such account
or service for the Trust.
In addition, the Trustee is empowered to buy, sell, and trade any and all Real Property and
other property of and/or for this organization. The Trustee is also empowered to lend or borrow
monies in the name of this trust organization, buy, sell, and trade stocks and bonds, and perform other
securities activities.
The account is titled: TRUST NAME PRIVATE TRUST
This appointment shall continue in full force and effect until or unless the trust notifies your
institution otherwise. If you should have any questions respecting this appointment, please contact
administrative services, at the trust’s address.
Saacha Spade, Settlor
TRUST NAME
PRIVATE TRUST
©
An Irrevocable Trust Organization
TO WHOM IT MAY CONCERN:
This letter serves a notification that CO-TRUSTEE NAME, Co-Trustee, individually has
the authorization to establish mailing, telephone, electric, gas, water, sewage, and any other utilities
or services for the above organization.
The Trustee(s) of this organization has no other authority or responsibility for this
organization other than administration of the Trust affairs and is not personally responsible for any
of its debts or liabilities.
Under Federal law, although TRUST NAME PRIVATE TRUST is not required to have an
EIN (tax) number to open an account at your institution, all Trustees of TRUST NAME PRIVATE
TRUST are required to have an EIN (tax) number to ensure separation for tax purposes.
All assistance and consideration that you can provide is greatly appreciated.
Saacha Spade, Settlor
TRUST NAME
PRIVATE TRUST
©
An Irrevocable Trust Organization
TO: Accounts Manager
& Whom It May Concern
Dear Sir or Madam;
DATE
This letter will introduce CO-TRUSTEE NAME as Co-Trustee of TRUST NAME
PRIVATE TRUST. The Trustee(s) of TRUST NAME PRIVATE TRUST adopted a Bank
Resolution to be submitted by the Trustee when required to open demand deposit accounts and other banking
and financial services for the trust.
The Trustee is individually empowered by the Trust Indenture to make deposits and
withdrawals, write checks, sign on the account, and open one or more checking and/or savings
accounts at your institution.
1. Under no circumstance is the bank or financial institution authorized by the Trust Indenture
to engage or represent the Trust in any fiduciary capacity as a Trustee of any such account
or service for the Trust.
In addition, the Trustee is empowered to buy, sell, and trade any and all Real Property and
other property of and/or for this organization. The Trustee is also empowered to lend or borrow
monies in the name of this trust organization, buy, sell, and trade stocks and bonds, and perform other
securities activities.
The account is titled: TRUST NAME PRIVATE TRUST
This appointment shall continue in full force and effect until or unless the trust notifies your
institution otherwise. If you should have any questions respecting this appointment, please contact
administrative services, at the trust’s address.
S
Saacha Spade, Settlor
TRUST NAME
PRIVATE TRUST
©
An Irrevocable Trust Organization
APPOINTMENT OF INITIAL TRUSTEE
The Settlor herein does hereby name and appoint the INITIAL TRUSTEES hereof, namely
TRUSTEE NAME according to the provisions of the Trust; and
WHEREAS
,
TRUSTEE NAME
in acceptance of the appointment assigned to his/her namely, the office
of
initial TRUSTEE of this Trust and in that capacity to carry out all the expressed and implied duties
of this TRUST NAME PRIVATE TRUST, subject to all the provisions of the Articles of the Trust
and the Internal Revenue Code; and the said Trustee does hereby accept such appointment.
NOW, THEREFORE THE SETTLOR has set his/her hand and signature in witness of the
appointment and acceptance thereof and the Trustees agrees to perform all the terms, conditions,
covenants, mutual covenants, stipulations and duties imposed, implied and expressed in the Articles
of the Trust.
DATE
Saacha Spade, Settlor
Declaration
and
Indenture Contract
of An
Irrevocable Express
TRUST
THIS INSTRUMENT IS TO BE
INTERPRETED AND EXECUTED
UNDER AMERICAN LAW OF
CONTRACTS, WITH THE ORIGINAL
SITUS IN:
United States of America
THIS TRUST INDENTURE
AUTHORIZES ITS TRUSTEE(S) TO
PERFORM
UNDER THE NAME OF:
TRUST NAME
PRIVATE
TRUST
©
For Identification Purposes Only
#12299554STATE ABBRIVIATION
DECLARATION OF TRUST
THIS DECLARATION OF TRUST is made this DAY
th
day of MONTH Month of the Year Two
Thousand Twenty-Two, by and between SAACHA SPADE (“Settlor”), and TRUSTEE NAME (“Trustee”)
and TRUST PROTECTOR NAME (“Trust Protector) in care of STREET ADDRESS, STATE NAME
ADDRESS ZIPCODE. The Trustee(s) and Trust Protector are hereby delegated with the authority to act on
behalf of TRUST NAME PRIVATE TRUST as provided in the Trust Indenture.
SETTLOR:
A.
SETTLOR. Settlor shall have the same legal meaning as “Grantor”, “Creator”, “Organizer”,
“Founder”, “Originator”, “Initiator”, “Author”, “Generator”, “Trustor” or any term that references the
maker of this trust agreement.
B.
Settlor is now the lawful owner of the property described in Schedule “A” of the trust agreement and
hereby assigns, transfers and forever conveys irrevocably the property described to TRUST NAME
PRIVATE TRUST.
C.
Trustee(s) is appointed to make provisions for the care and management of the property, the collection
of the income from any property appointed, and the disposition of both the income and the property
in the manner supplied below; and
D.
Settlor is unrestricted in the right to add property acceptable by the Trustee to this Trust at any time.
E.
Settlor cannot be a Beneficiary of the Trust and may not hold any beneficial interest or ownership in
the property of the Trust. Settlor may never remove property from the trust or take back property that
has been assigned, conveyed or transferred.
F.
Trustee(s) has agreed, subject to the terms hereof, to act as the Trustee(s) of the Trust. In
consideration of the matters described above, and of the mutual benefits and obligations in this Trust
Indenture, the party’s sui juris agree as follows:
ARTICLE I
CLASSIFICATION OF ORGANIZATION;
IRREVOCABILITY
1.1
DECLARATION OF TRUST: This Declaration of Trust is set up with the intention of
forming an Irrevocable Express Trust and is not a partnership or joint-stock association. For the purpose of this
Trust Indenture, the Trust shall function in the roles of a dual track alternating between complex and simple,
inter vivos, complex, spendthrift, irrevocable, discretionary, contract law (equity law, case law) trust.
1.2
IRREVOCABILITY: The Trust is irrevocable. The Settlor or any other party (including but
not limited to fiduciary agent, Beneficiary(s) or designated agents) may not revoke, end, modify, amend the Trust,
and no part of the Trust Property may revert to the Settlor in his or her capacity as Settlor.
ARTICLE II
TRANSFER IN TRUST; ACCEPTANCE OF TRUST;
NAME OF TRUST
2.1
ACCEPTANCE OF TRUST: Trustee(s) accepts the duties that have been appointed
through the Settlor and the property that has been conveyed, transferred, assigned and delivered to the
Trustee, Successors in trust. The aforementioned property is described in Schedule A and may include other
property that is held by the Trustee, all of which shall be referred to as the “Trust Corpus”.
2.2
TRANSFER OF PROPERTY IN TRUST: All transfers of property described in
Schedule “A” consist of but are not limited to property that has been transferred by last will and testament,
bestowal, gift, donation, income, public and/or private benefits, retirement policies or accounts, securities,
insurance policies, royalties, contractual rights, intellectual property rights or any other intangible or
tangible asset of value. All property transferred is irrevocable in nature and the individual or transferor
surrenders all rights, interest and ownership of the property in compliance with the terms and conditions of
this agreement.
2.3
GIFTS INTO THE TRUST: Gifts into the trust shall be treated as a gift. In the event
that Settlor desires to retain specific rights over gifts that are given and accepted by the Trustee, those
rights must be stipulated in a separate agreement prior to gifting.
a)
All persons with or without interest including the Trustee, shall have the right to add
property that is deemed acceptable by the Trustee to the Trust. Upon acceptance,
property shall become a part of the Trust Corpus.
b)
All gifts made to the Trust shall be treated as a completed gift for federal estate and
gift tax purposes as stated in the Internal Revenue Code.
c)
Tangible or intangible assets held in trust are not subject to creditor claims from the past,
present or the future. To execute this objective, the provisions of this agreement shall be
handled according to this specification:
i)
Any Beneficiary(s) of the Trust maintains the right at any time now
and in the future to release, renounce or surrender any claim of right,
power or interest which may considered to overthrow these
objectives.
2.4
TRUSTEE ACCEPTANCE: By execution of this Trust Indenture, Trustee(s), accepts
the duties and obligations that come with being appointed and acknowledges that Settlor has settled upon the
assets described in “Schedule A”.
a.
NAME OF THE TRUST: The Trust constituted by this Trust Indenture shall be
known as, TRUST NAME PRIVATE TRUST.
b.
IDENTIFICATION OF THE TRUSTEE: The Trustee(s) shall be identified and
assigned as TRUSTEE NAME as of DATE.
c.
COMMERCIAL TRANSACTIONS: In the name of the Trust, the Trustee(s) and
the appointed Trust Officers may engage in any and all lawful activities under the
original American law (including equity law, case law and system of commercial
law in the American states); and may perform all acts they consider to be necessary
in furtherance of any and all such activities. The powers, activities and duties of the
Trustee(s) are more specifically set forth below.
ARTICLE III
PURPOSE(S)
This Trust is now assigned as TRUST NAME PRIVATE TRUSTand TRUSTEE NAMEis the designated
Trustees of the Trust, which is dated DATE. This Trust has been created for the benefit of the Beneficiaries for
the protection of assets, furthering the administrative purposes of the Trust, ensuring efficient administration and
management of the Trust, capitalization on specific opportunities for the Trust, receivership of any funds,
accepting and managing assets both tangible and intangible, ensuring property transfer of property into the trust
or identifying the fiduciary responsibilities of the Trust to any Beneficiary, or pay- on- death designation.
Beneficiaries of this Trust Agreement have no right to the immediate use, possession or enjoyment of the property
transferred into the Trust, or to any income from the property in any way and under no circumstances have any
ownership of property or assets of the Trust.
Descriptive references to TRUST NAME PRIVATE TRUST shall be effective and enforceable said reference
contains the date of the Trust, the name of at least one initial or Successor Trustee(s) and any indication that the
Trustee(s) is holding Trust property in a fiduciary capacity. This information shall be considered sufficient cause
to reasonably identify the Trust.
The Trustee(s) will make decisions based on execution of the following purposes:
3.1
PROTECTION OF ASSETS: Prevention of the dissipation of profits or assets of the Trust.
Preservation and enlargement of the estate. Maintain asset integrity. Accumulation of assets. Carrying out
necessary arrangements to protect and/or preserve assets and property for the Trust and Beneficiary(s).
3.2
CONTINUED FURTHERING OF ADMINISTRATIVE TRUST PURPOSES: Supply
administrative assistance to the sister trusts. Administration of all accounts and services of the trusts for the benefit
of the Trust and Beneficiary(s). Obtaining a security interest in each trust and avoid fraudulent associations for
any purpose whatsoever.
3.3
CONTINUED EFFICIENT ADMINISTRATION AND MANAGEMENT: Secure
efficient administration of the Trust. Combine all Trust activities and operations to achieve Trust purposes.
Maintain security, privacy, protection, wellbeing, health, welfare, care education, retirement and safety of the
Trust Officers for the benefit of the Trust.
3.4
CONTINUED FURTHERING OF ADMINISTRATIVE PURPOSES: Ensure liability
protection, privacy and asset protection from unwarranted creditors and spend thrifts upon the Trust Corpus and
other assets of the Trust including sister trusts. Accomplish these purposes by any means necessary, as long as
they are not illegal or unlawful and are not contrary to the applicable provisions of the Constitution of the United
States of America, so long as it does not nullify the Trust’s standing as an Express Trust.
3.5
CONTINUED FURTHERING THE BEST ORGANIZATIONAL INTERESTS FOR
THE TRUST: To operate in accordance with the intent of the Trust as understood by the Board of Trustees. To
operate for the best organizational interests of the Trust when it is agreed that they will not abuse, compromise,
.
harm or injure the basic purposes of the Trust, as set forth in this instrument, or properly amended by the Board of
Trustees.
ARTICLE IV
TRUSTEE(S)
The title of the Trustee(s) and Successors as Trustee(s) under this agreement, herein collectively referred to as the
"Trustee(s)" of the Trust Agreement”. Any property conveyed to Trustee(s) or the Successors in the Trust, shall
beheld by the Trustee under the terms of this declaration and agreement.
4.1
BOARD OF TRUSTEES: The Trustees are known collectively as the Board of Trustees.
There shall be no more than three (3) Trustees, who shall serve at one time for the entire term of the Trust. In the
event there are only two (2) Trustees, the first named Trustee shall retain the duties and power of the third Trustee
in addition to his own.
1.
The Trustees shall have authority to appoint a Board of Directors, consisting of at least
three (3) directors who may not be Beneficiary(s).
2.
The duties of the Board of Directors shall be to advise and assist the Trustees, as requested
by them in carrying out the affairs of the Trust, and in the investment of their money, and
in such other matters as the Trustee(s) may require.
3.
The Trustees shall pay the directors a reasonable compensation and expenses for the
services performed by them.
4.2
PRESERVATION OF PROPERTY: The Trustee(s), upon signing this Trust Indenture
shall accept the Trust and hold in ownership for the Trust as set forth according to the Trust provisions, whereby
the Trustee(s) taking title to property for the purposes of protecting and conserving it for the Beneficiary(s) do
so under the ordinary law rules applied to Trustee(s) of express trusts and as established in this Trust Agreement.
4.3
CARE OF PROPERTY: The Trustee(s) shall retain the original property forming the Trust
in the actual state or condition in which it was received in Trust, as much as is possible and for so long as the
Board of Trustees shall deem appropriate.
4.4
ACQUISITION OF PROPERTY: The Trustee(s) will hold the property described in
Schedule “A” and all property hereafter acquired, and all profits collectively in trust and shall manage, administer
and dispose of the Trust for the benefit of the persons who are represented by the Certificate(s) of Trust Units
(Beneficial Interest) and Certificate(s) of Capital Units.
4.5
APPOINTMENT OF TRUST OFFICERS: The Trustee(s), upon signing this indenture,
shall be deemed to be the Board of Trustees, and as such may appoint additional Trust Officers with the approval
of the Trust Protector. Therefore, the Trustee(s) shall assume all duties and responsibilities of the Trust Officers
until such time as additional Trust Officers may be appointed.
4.6
POWER TO RETAIN TRUST PROPERTY: To hold and retain any securities, properties
or other investments for the length of time that the Trustee(s) determines to be advisable. To hold or retain any
original property, tangible or intangible belonging to or forming part of the Trust in the actual state or condition
in which the same was received by the Trustee(s) for so long as the Trustee(s) shall deem appropriate;
4.7
POWER TO SELL:
To hold, manage, operate, control, repair, sell (at public or private sale
and for cash or on credit) convey, preserve, exchange, improve, partition, divide, subdivide, convert, grant options on,
or otherwise deal with Trust property. To dispose of any property at any time forming part of the Trust in such a
manner by public or private contract and for his discretionary price in money or other consideration and or such
conditions as he may deem appropriate to receive the consideration and grant discharges thereof but only to the
extent that such transaction is in the very best interest of the Trust.
4.8
POWER TO LEASE. To lease for terms either within or beyond the duration of the Trust
at Trustee(s) sole authority and discretion any properties, including oil, gas and other mineral interests, on such
terms as the Trustee(s) may deem proper; to enter into pooling, unitization, depressurization, community and
other types of agreements relating to the development, operation and conservation of mineral properties;
4.9
POWER TO LOAN AND INVEST: To loan, re-loan, invest and reinvest the Trust Estate
or any part thereof in the discretion of the Trustee as deemed appropriate and/or desirable. Including but not
limited to, deposits with financial institutions, selling or acquiring property for the benefit of the Trust, real,
personal or mixed and every type of investment including but not limited to corporate, obligations of every kind
of stocks, referred or common, options and commodities which persons of prudence, discretion and intelligence
acquired for their own account.
4.10
POWER TO MANAGE SECURITIES: To vote stock, give proxies, pay calls for
assessments, sell or exercise stock subscription or conversion rights, participate in foreclosures, assessments, sell
or exercise stock subscription or conversion rights, participate in foreclosures, reorganizations, consolidations,
mergers, liquidations, pooling agreements and voting Trusts, assent to corporate sales and other acts and in
connection therewith, to deposit securities with and transfer title to any protective or other committee under such
terms as the Trust(s) determines advisable.
4.11
POWER TO HOLD SECURITIES IN NAME OF NOMINEE: To hold securities or other
property in the Trustee’s own name or in the name of the Trustee’s nominee, without disclosing any fiduciary
relations;
4.12
POWER TO BORROW MONEY: To borrow money for any Trust purpose, hypothecate
the Trust Estate or any part thereof and replace, renew and extend any encumbrance thereon, on such terms,
conditions and security as may be determined by the Trustee(s) and to pay loans or other obligations of the Trust
Estate, as the Trustee(s), in the Trustee’s discretion, deems advisable.
4.13
POWER TO INSURE: To procure and carry, at the expense of the Trust, estate insurance
of such kind and in such form and amount as the Trustee(s) deems to be advisable to protect the Trustee(s) and
the Trust Estate against any hazard.
4.14
NO RIGHT TO CLAIMS: The Trustee(s) may not at any time while holding office, own or
claim ownership of Personal or fair interest in the Trust or any part thereof.
4.15
COMPENSATION OF TRUSTEE(S): The Trustee may receive compensation for
performance that is reasonable and may be reimbursed for any and all expenses that were necessary in performance
of duties as a fiduciary officer. Corporate fiduciary officers who serve in the capacity of Trustee shall be
compensated reasonably according to the agreement established with the individual who is appointed as the
Trustee. If no such agreement exists or is considered valid or legally enforceable, Trustee shall be compensated
according to the Fiduciary services published and established schedule of fees. Additional duties that are fulfilled
which are not in the designated duties of the Trustee may be compensated except for fees for services that the
Trustee should provide within the performance of duties. These services consist of legal services, tax return
preparation, and corporate finance or investment banking services. In addition to receiving compensation, the
Trustee(s) may be reimbursed for reasonable costs and expenses incurred in carrying out its duties under this
agreement.
4.16
CORPORATE FIDUCIARIES: Any corporate fiduciary serving under this agreement as a
Trustee(s) must be a bank, trust company, or public charity that is qualified or licensed to act as a fiduciary under
applicable federal and state law and that is not related or subordinate to any Beneficiary(s) within the meaning of
Section 672(c) of the Internal Revenue Code; have a combined capital and surplus of at least Ten Million Dollars
($10,000,000.00); or Maintain in force a policy of insurance with policy limits of not less than Ten Million Dollars
($10,000,000.00) to cover any errors and omissions of the Trustee(s) with a solvent insurance carrier who is
licensed to do business in the state in which the Trustee has its corporate headquarters; or have at least an amount
of One Hundred Million Dollars ($100,000,000.00) in assets that are under management.
4.17
NO BOND REQUIRED OF THE TRUSTEE(S): At any time while the Trustee(s) is acting
as an appointed Officer of the Trust, shall he be required, obligated, compelled or ordered to obtain any bond to
secure the faithful performance of his duties as a Trustee.
4.18
LIABILITY OF TRUSTEE(S): No surety bond shall be required to secure the performance
of the Trustee(s) or Successor Trustee(s) in their respective role and responsibility as Trustee. Any liability to the
Trustee shall be due to their own gross negligence or acts of bad faith.
4.19
DISPOSITION OF PRINCIPAL AND INCOME: Trustee(s) shall administer and manage
the Trust Estate, collect the income therefrom, and, after payment of all taxes and assessments thereon, business
expenses, and all charges incident to the management thereof, apply and dispose of the net income and the
principal of the Trust Estate in the following order:
a)
Distribution according to his sole discretion and judgment a portion of the net,
principal income or both to the Beneficiary(s) if determined to be in the
Beneficiary(s) best interest.
b)
In the event the Beneficiary(s) entitled to benefits shall become deceased before
those benefits expire, all interest shall pass to the descendants of the Beneficiary(s)
per stirpes and every descendant of benefits shall become a default Beneficiary(s) of
the Trust.
c)
If no descendants, or if such descendants shall not survive, the distribution will be
directed to any surviving Beneficiary(s) according to the Trust Agreement terms and
conditions.
d)
The Beneficiary(s) interest in the principal or income of the Trust shall not be
assigned to another party.
4.20
ALLOCATION OF PRINCIPAL AND INCOME: The Trustee(s) shall have the absolute
power and authority to determine within his discretion what qualifies to be considered as principal of the Trust,
gross and net income from the Trust and what qualifies to be distributed within the purpose of the Trust unless
otherwise specified. The term “income”, when not used in conjunction or preceding the words “taxable”,
“undistributed net” or “gross” shall mean the income amount of the Trust or the estate for the taxable year which
are applicable to local law and in accordance with the terms of the Trust agreement. The word “income” holds
the above definition according to the Internal Revenue Code as amended in subparts B, C and D. All items of
gross income, extraordinary dividends or taxable stock dividends which are determined to be the property of the
Trust corpus, shall be allocated according to the terms of the Trust agreement and as allowed by local law. Trustee
shall determine in his sole discretion that the relative income is allocated without the determination of income
under the IRC Sec. 643. Definitions applicable to subparts A,B, C, and D TITLE 26, Subtitle A, CHAPTER 1,
Subchapter J, PART I, Subpart A, Sec. 643, and has a fiduciary responsibility and obligation to adhere to this
rule.
4.21
CAPITAL GAINS: Trustee(s) shall be obligated and bound by his fiduciary responsibility to
allocate all gains from the sale or exchange of capital assets, real estate, property and the like to the corpus of the
Trust because all such gains belong to corpus. Under no circumstances shall those capital gains be:
(A)
Paid, credited, or required to be distributed to any Beneficiary(s) during the taxable year, or
(B)
Paid, permanently set aside, or to be used for the purposes specified in section 642(c) of the
Internal Revenue Code.
Any losses that result from the sale or exchange of capital assets shall be excluded, except to the extent that such
losses are taken into account to determine the amount of capital gains from the sale or exchange of capital assets
which are paid, credited or required to be distributed to any Beneficiary(s) during the taxable year. The exclusion
under section 1202 shall not be considered as definitions that are applicable to subparts A, B, C, and, TITLE 26,
Subtitle A, CHAPTER 1, Subchapter J, PART I, Subpart A, Sec. 643.
4.22
EXTRAORDINARY DIVIDENDS AND TAXABLE STOCK DIVIDENDS:
Trustee(s) shall not distribute monetary credit(s) or benefits to any Beneficiary(s), any items of gross income
which qualify or constitute extraordinary dividends or taxable stock dividends; but shall allocate all such to
the corpus of the Trust to comply with the Internal Revenue Code. The IRC states, For purposes only of
subpart B (relating to trusts which distribute current income only), there shall be excluded those items of
gross income constituting extraordinary dividends or taxable stock dividends which the fiduciary, acting in
good faith, does not pay or credit to any Beneficiary(s) by reason of his determination that such dividends are
allocable to corpus under the terms of the governing instrument and applicable local law.” The Trustee(s) is
obligated and has a fiduciary responsibility to comply with this rule.
4.23
EMPLOYMENT OF PROFESSIONALS: Trustee(s) may appoint, employ and remove, at
any time and from time to time, investment advisors, accountants, auditors, depositories, custodians, brokers,
consultants, attorneys, expert advisers, agents, and employees to advise or to assist the Trustee(s) in the
successful performance of its duties. Trustee(s) may act upon the recommendations of the persons or entities
employed with or without independent investigation. Trustee(s) may reasonably compensate an individual or
entity employed to assist or advise Trustee(s) regardless of whether that person or entity shall be a Trustee(s)
of a trust established under this agreement or a corporate affiliate of a Trustee(s) and regardless of whether
the entity shall be one in which a Trustee(s) of a trust created under this agreement is a partner, member,
stockholder, officer, director or corporate affiliate or has any other interest. Trustee(s) may pay the usual
compensation for services contracted for under this Section out of the principal or income of the trust as
Trustee(s) may deem advisable. Trustee(s) may also pay compensation to an individual or entity employed to
assist or advise Trustee(s) without diminution of or charging the same against the compensation to which the
Trustee(s) is entitled under this agreement. Any Trustee(s) who shall be a partner, stockholder, officer, director
or corporate affiliate in any entity employed to assist or advise Trustee(s) shall nonetheless receive the
Trustee(s) share of the compensation paid to the entity without that compensation being construed as conflict
of interest.
4.24
AUTHORITY TO TERMINATE TRUSTS. The Trustee(s) may at any time determine
that the Trust created under this agreement is no longer beneficial, economically sound or in the best interest of
the Beneficiary(s). In the event of that determination, the Trustee may terminate the Trust and distribute
all property including any net income that remains undistributed to the Beneficiary(s). The order of distribution
is according to the following:
1.
To the Beneficiary(s) then entitled to mandatory distributions of net income of the
Trust and in the same proportions; and
2.
If none of the Beneficiary(s) are entitled to a mandatory distribution of net income, to
the Beneficiary(s) then eligible to receive discretionary distributions of net income of
the trust, in such amounts and shares as Trustee(s) may determine.
4.25
CAPACITY OF A TRUSTEE(S): Should the Trustee(s) become incapacitated and unable
to perform his duties, it will not be mandatory for the Trustee(s) who is unable to perform to resign. The
Trustee(s) obligation shall be terminated upon written opinion by the physician who diagnosed the Trustee as
incapable of performing or by the Co-Trustee, if any have been assigned.
4.26
REMOVAL OF TRUSTEE(S): No Beneficiary(s) shall have the power to determine the
removal of any Trustee from his position or responsibilities nor have the power to delegate authority to a Successor
Trustee(s). In the event that a Trustee shall be removed, the Trust Protector is assigned the authority to do so.
4.27
NOTICE OF REMOVAL AND APPOINTMENT: Notice of removal shall be in writing
and delivered to the Trustee who is being removed and to any other Trustee(s) serving at the time. The notice of
removal shall be effective in accordance with the provisions and specifications written in the notice. The
appointment shall become effective when the Successor Trustee accepts his duties. A copy of the notice shall be
attached to the Agreement and may only be delivered by the Trust Protector to the Trustee(s) in writing by certified
mail courier, delivery service or any other accepted legal manner.
4.28
RESIGNATION OF TRUSTEE(S) AND APPOINTMENT OF SUCCESSORS: If it
appears desirable to Trustee(s) to do so, any Trustee(s) may resign, by instrument of writing and the remaining
Trustee(s) shall continue to serve uninterrupted. Trustee(s) resignation shall be delivered in written notice directly
to each Trust Protector and Beneficiary(s). The Trust Protector(s) shall appoint a Successor Trustee(s) from the
Successor Trustee(s) List by majority vote within thirty (30) days of the Trustee(s) date of resignation.
4.29
SUCCESSOR TRUSTEE(S): Any Successor Trustee(s) under this Trust Indenture shall have
all the powers and duties of the Trustee(s) hereunder. Upon the appointment of such Successor Trustee(s), any
attorney-in-fact, representative agent, authorized representative, custodian, or depository of the property
comprising the Trust shall forthwith become the same for such Successor Trustee(s) without the necessity of
executing or filing any papers or any further act.
4.30
RIGHTS AND OBLIGATIONS OF SUCCESSOR TRUSTEE(S): Each Successor
Trustee(s) serving under this agreement, whether corporate or individual, shall have all of the title, rights, powers
and privileges granted to the initial Trustee(s) named under this agreement. In addition, each Successor Trustee(s)
shall be subject to all of the restrictions imposed upon and obligations and duties, discretionary and ministerial,
given to the initial Trustee(s) named under this agreement.
4.31
EXONERATION OF TRUSTEE(S): No Successor Trustee(s) is obligated to examine the
accounts, records or actions of any previous Trustee(s) or of the personal representative of the estate. No Successor
Trustee(s) shall be in any way or manner responsible for any act or omission to act on the part of any previous
Trustee(s) or the personal representative of estate. Unless a Trustee(s) has received notice of removal, the
Trustee(s) shall not be liable to any Beneficiary(s) for the consequences of any action taken by the Trustee(s) that
would have been, but for the prior removal of the Trustee(s), a proper exercise by the Trustee(s) of the authority
granted to the Trustee(s) under this agreement. Any Trustee(s) may request and obtain from the Beneficiary(s)
or from their legal representatives, agreements in writing releasing the Trustee(s) from any liability that may have
arisen from the Trustee(s) acts or omissions to act and indemnifying the Trustee(s) from
liability for the acts or omissions. An agreement described in this paragraph, if acquired from all the living
Beneficiary(s) of the trust or from their legal representatives, shall be conclusive and binding upon all parties,
born or unborn, who may have, or may in the future acquire, an interest in the trust. Trustee(s) may require a
refunding agreement before making any distribution or allocation of trust income or principal and may withhold
distribution or allocation pending determination or release of a tax lien or other lien.
4.32
RESIGNATION OF SUCCESSOR TRUSTEE: The Successor Trustee(s) may at any time
resign upon giving written notice at least thirty (30) days before the resignation shall take effect to the Trust
Protector or any time after the death of the Trust Protector. This notice shall be delivered to all adult Beneficiaries
and to the guardians, conservators or any other fiduciaries of the Estate of any minor or incapacitated Beneficiary
who may be receiving or privileged to receive income hereunder.
ARTICLE V
TRUST PROTECTOR
5.1
TRUST PROTECTOR(S): The designated “Trust Protector” of TRUST NAME
PRIVATE TRUST shall be named TRUST PROTECTOR NAME. The acceptance of this duty is signified
by the notarized and recorded signature of the Trust Protector who shall be solely responsible for monitoring
the Trustee(s) and other Trust Officers. Trustee(s) actions shall conform to the limits of the powers that have
been delegated to the Trustee(s).
5.2
POWER OF TRUST PROTECTOR(S): Such Trust Protector shall have the power to
remove and replace any Trustee(s) (or other Trust Officer) at any time with or without reason or cause.
Furthermore:
1.
The Trust Protector shall have the power to cause all the interests of a Beneficiary(s) in this
trust to immediately cease by delivering a written notice of the cessation of such interest to
the Trustee(s). Such decision to cause a Personal interest to cease shall be made with respect
to any Beneficiary(s) of this trust at any time in the sole and absolute discretion of the Trust
Protector, with or without cause.
2.
The Trust Protector shall have the power to add any person as Beneficiary(s) of this trust
at any time by delivering written notice of such addition to the Trustee(s); The Trust
Protector shall never be a Beneficiary(s) of this Trust or hold any Personal Interest in this
Trust.
i.
Such decision to add a person as Beneficiary(s) may be made at any time in
the sole discretion of the Trust Protector, with or without cause.
ii.
The Trust Protector shall not be liable for any loss occasioned by acts in good
faith in the administration of his duties hereunder, or in reliance of an opinion
of counsel, and in any event such Trust Protector shall be liable only for
willful wrongdoing, or gross negligence, but not for honest errors of
judgment.
iii.
Trust Protector shall have a right to be reimbursed for all expenses incurred
on behalf of the Trust.
5.3
APPOINTMENT OF TRUST OFFICERS: The Trust Protector may upon signing an
independent contractors’ agreement, may within thirty (30) days thereafter, or at his option, appoint a Trustee(s);
appoint an Executive Secretary; appoint a Treasurer; appoint a Trust Protector; and appoint other Trust Officers
as deemed necessary.
5.4
FIDUCIARY MONITORING: The Trust Protector may act as a Fiduciary Monitor for the
Trust in all dealings, public and private to ensure compliance with the established purpose of the Trust. The Trust
Protector, as Fiduciary Monitor and Officer for the Trust, shall have the right and authority to review all
commercial transactions of the Trustee(s) including but not limited to titles, Certificate of Titles, Trust Indentures,
Bill of Sales, Trust Certificates, Negotiable Instruments, Bank Checks and any transaction that would otherwise
obligate the Trust in a formal capacity in the event that there is a determination that any Trustee(s) or Trust Officers
are misappropriating their respective duty.
5.5
TRUST DISTRIBUTIONS: The Trust Protector shall have the authority to determine if and
when distributions will be made to the Beneficiary.
5.6
TRUSTEE(S) REMOVAL BY TRUST PROTECTOR: The Trust Protector shall have the
power to remove a Trustee(s) or other Trust Officer and such removal is not able to be questioned or changed by
the Trustee(s) or Trust Officer and is considered to be final upon execution by the Trust Protector.
5.7
APPOINTMENT OF A CO-TRUSTEE: The Trust Protector of the Trust may appoint an
individual or a corporate fiduciary as a Co-Trustee. The appointed Co-Trustee shall only serve as long as the Trust
Protector who appointed them to the office shall see fit to limit their service and to ensure the limitation that the
Trust Protector shall deem to be appropriate. Such Co-Trustee shall not under any circumstances become a
Successor Trustee upon the resignation, death or incapacity of the Trust Protector who appointed him to the Office,
unless the appointment was made under the terms of the agreement. The Trust Protector appointing the Co-Trustee
may revoke the appointment at any time, with or without cause, justification or explanation to any third party.
5.8
SUCCESSOR TRUST PROTECTOR: Upon the resignation, incapacity, incompetency or
untimely death of the original Trust Protector, the Successor Trust Protector shall be assumed by SUCCESSOR
TRUST PROTECTOR NAME, DESIGNEEE. Upon the Successor Trust Protector’s written acceptance of the
duties of the duties of the Trust Protector hereunder, the duties shall become effective immediately. The Successor
Trust Protector and the Initial Trust Protector shall both have the right to designate additional successors as Trust
Protector, in their sole discretion, who they shall consider necessary and prudent. Each successor Trust Protector
shall, upon assumption of the duties of the office, have all title, powers, rights and discretions given herein to the
original fiduciary agent automatically and without any mandate to convey, transfer or do so under the order of the
court.
ARTICLE VI
BENEFICIARY(S)
6.1
The Beneficiary(s) of TRUST NAME PRIVATE TRUST shall be registered and listed on
Schedule “B” in the Registry of Beneficial Interest Holders and that Registry shall not be mandated to be made
available for review by any third-party entity, corporation or person, both natural and/or legal. The following
conditions govern the provisions for any Beneficiary(s):
6.2
DISTRIBUTIONS TO BENEFICIARY(S):
Whenever Trustee(s) makes a distribution of the net
income or principal to a Beneficiary(s), Trustee(s) may apply, for the benefit of the Beneficiary(s), any property that
otherwise could be distributed directly to the Beneficiary(s). Trustee(s) shall have no responsibility to inquire into
the Beneficiary(s) ultimate disposition of the distributed property unless specifically directed to do otherwise by
the Trust Agreement. Trustee(s) may make distributions in cash or in kind, or partly in each, in proportions and
at values to be determined by the Trustee(s). Trustee(s) may not allocate undivided interests in specific assets to
a Beneficiary(s) or to trust. Trustee(s) may make these determinations without regard to the income tax attributes
of the property and without the consent or approval of any Beneficiary(s).
6.3
ADMINISTRATION FOR UNDERAGE AND INCAPACITED BENEFICIARY(S):
Whenever a Trustee(s) is authorized or directed to make a distribution to any Beneficiary(s) who is under the age
of Twenty One (21) years of age, is incapacitated or who is, in the Trustee(s) opinion, unable to manage the
distribution properly for whatever reason, Trustee(s) may either make the distribution or retain the amount to be
distributed in any manner Trustee(s) determines to be advisable, including any of the methods set forth. The
Trustee(s), before making a distribution to a Beneficiary(s) to the extent that it is both reasonable and possible, must
consider the ability the Beneficiary(s) has demonstrated in managing prior distributions of trust property. If no
prior distributions have been made to the Beneficiary(s), the Trustee(s) shall utilize his own discretionary
judgment to determine whether or not to make said distribution.
6.4
BENEFICIARY(S) STATUS: Until the Trustee(s) receives written or verbal notice of the
incapacity, birth, marriage, death or any other event that would impact the Beneficiary(s) right to receive a
distribution or payments, Trustee(s) shall not be liable for acting or for failing to act with respect to the event or
for distributions made in good faith to persons whose interest may have been affected by such event. Unless
otherwise provided in this agreement, the parent or legal representative may act on behalf of a Beneficiary(s) who
is a minor or who is incapacitated. Trustee(s) may rely on any information provided by a Beneficiary(s) with
respect to the Beneficiary(s) assets and income to make the discretionary judgment. Trustee(s) shall have no
independent duty to investigate the status of any Beneficiary(s) and shall not incur any liability for failure to do
so in any capacity.
6.5
DEATH OF BENEFICIARY(S); ACCRUED AND UNDISTRIBUTED INCOME: Upon
the death of any Beneficiary(s), who holds a beneficial interest in this Trust, any accrued or undistributed net
income thereon shall be held and accounted for, or distributed, in the same manner as if it had been accrued or
received after the death of such Beneficiary(s).
6.6
FUNERAL AND OTHER EXPENSES OF BENEFICIARY: Upon the death of an income
Beneficiary(s), Trustee(s) may pay for the funeral expenses, burial or cremation expenses, enforceable debts and
other expenses incurred due to the death of the Beneficiary(s) from the trust property. This Section shall only
apply to the extent that the income Beneficiary(s) has not exercised any testamentary power of appointment
granted to him under this agreement. Trustee(s) may rely upon any request by the personal representative or
members of the Family of the deceased Beneficiary(s) for payment without verifying the validity or the amounts
previously issued to that Beneficiary and without being required to see to the application of the amounts so paid.
Trustee(s) may make decisions under this Section without regard to any limitation on payment of expenses
imposed by statute or rule of any court and those decisions may be made without obtaining the approval of any
court having jurisdiction or obtaining the approval of any court having jurisdiction over the administration of the
deceased Beneficiary(s) estate. Funeral services may be purchased from any Funeral Home or Mortuary Service
and Trustee(s) may rely upon any request by the personal representative or members of the Family of the deceased
Beneficiary(s) to select such services. The Trustee(s) may also rely on Family to select the cemetery or mausoleum
for the interment of the remains of the deceased Beneficiary(s).
6.7
SURVIVORSHIP: Except as otherwise expressly provided herein to the contrary, in the
event of any Beneficiary(s) right to receive any property hereunder is dependent on his survivorship of some
person and such if Beneficiary(s) shall die within thirty (30) days after the death of such person, such
Beneficiary(s) shall be deemed not to have survived such person.
6.8
NOTICE OF EVENTS: Until Trustee(s) shall receive from some person interested in this
Trust, written notice of any death, birth, marriage or other event on which the right to receive income or principal
of the Trust Estate may depend, Trustee(s) shall incur no liability for any disbursements or distributions made or
omitted in good faith.
6.9
METHODS OF DISTRIBUTION: Trustee(s) may distribute or retain trust property in any
one or more of the following methods for the benefit of any Beneficiary(s) subject to the provisions of the
Trust:
a)
DISTRIBUTION TO BENEFICIARY: Trustee(s) may distribute Trust property directly
to the Beneficiary(s) in his sole determination and discretion.
b)
DISTRIBUTION TO GUARDIAN OR CONSERVATOR OR FAMILY MEMBER:
Trustee(s) may distribute Trust property to the guardian, conservator, parent or a family
member or other person of the Beneficiary(s) who has assumed the responsibility of caring
for the Beneficiary(s).
c)
DISTRIBUTION TO CUSTODIAN: Trustee(s) may distribute Trust property for the
Beneficiary(s) to any person or entity, including Trustee, as custodian for the
Beneficiary(s) under the Uniform Transfers to Minors Act, or similar statute.
d)
DISTRIBUTION TO OTHER PERSONS OR ENTITIES: Trustee(s) may distribute
trust property to other persons and entities for the use and benefit of the Beneficiary(s).
e)
DISTRIBUTION TO AGENT UNDER DURABLE POWER OF ATTORNEY:
Trustee(s) may distribute trust property for the Beneficiary(s) to an agent or attorney-in-
fact authorized to act for the Beneficiary(s) under a legally valid durable power of attorney
executed by the Beneficiary(s) prior to the incapacity.
f)
RETENTION IN TRUST: Trustee(s) may retain trust property in a separate trust for the
benefit of the Beneficiary(s) until the Beneficiary(s) attains Twenty-One (21) years of age
or, in the opinion of Trustee(s), is no longer incapacitated (as the case may be). Trustee(s)
in his absolute or sole discretion shall distribute as much of the net income and principal
of any trust created under this subsection that Trustee(s) deems necessary or advisable for
the health, education, maintenance or support of the Beneficiary(s) for whom the trust
was originally created. Trustee(s) shall accumulate any undistributed net income and add
such income to the principal. When the Beneficiary(s) for whom a trust is created
under this subsection attains Twenty-One (21) years of age or is no longer incapacitated
(as the case may be), the Beneficiary(s) may withdraw from the trust at any time or times
any portion (or all) of the accumulated trust income and the principal. The Beneficiary(s)
for whom a trust is created under this subsection shall have the testamentary general power
to appoint all or any portion of the principal and undistributed income remaining in the
Beneficiary(s) trust at his death among one or more persons or entities, including
the creditors of the Beneficiary(s) estate. The Beneficiary(s) shall have the sale and
exclusive right to exercise this general power of appointment. It is intended that
this testamentary power of appointment be a general power of appointment as defined
in Section 2041 of the Internal Revenue Code.
i)
If the Beneficiary(s) fails to validly exercise this testamentary general
power of appointment, Trustee(s) shall distribute the balance of his
property to the then living descendants of the Beneficiary(s), per stirpes.
ii)
If the Beneficiary(s) has no then living descendants, Trustee(s) shall
distribute the Beneficiary(s) remaining trust property per stirpes to the
living descendants of the Beneficiary’s nearest lineal ancestor who was
descendant or, if no such descendant is then living, to then living
descendants, per stirpes.
iii)
If a Beneficiary(s) has no then living descendants, but in no way shall
Trustee(s) violate the rules of the IRC and shall exercise and shall have
full power and absolute and sole authority to determine, in Trustee(s)
absolute and sole discretion, what shall constitute principal of the Trust
Estate, gross income from the Trust Estate, and net income of the Trust
Estate that is distributable under the terms hereof. Trustee(s) shall for
purposes of the IRC as amended, in subparts B, C, and D, the term
"income", when not preceded by the words "taxable", "distributable net",
"undistributed net", or "gross", meaning the amount of income of the estate
or trust for the taxable year determined under the terms of the Trust’s
governing instrument and applicable local law, apply items of gross
income constituting extraordinary dividends or taxable stock dividends
which the Trustee(s) of the Trust who is the fiduciary who, acting in good
faith, and at his or her sole and absolute discretion, determines to be
allocable to corpus, and shall allocate such to the corpus of the Trust, under
the terms of the governing instrument and applicable local law in order to
declare under the IRC Sec. 643. Definitions applicable to subparts A, B, C,
and D TITLE 26, Subtitle A, CHAPTER 1, Subchapter J, PART I, Subpart
A, Sec. 643, that such allocation shall not be considered income and
Trustee(s) is obligated and has a fiduciary responsibility to do so.
The Beneficiary(s) shall be governed by the following Trust provisions:
6.10
BENEFICIARY(S):
The beneficiary of TRUST NAME PRIVATE TRUST:
BENEFICIARY 1
BENEFICIARY 2
The Beneficiary shall receive beneficial interest in TRUST NAME PRIVATE TRUST in an amount
not to be divided with any other persons or entities.
6.11
REGISTRATION OF BENEFICIARY(S): All Beneficiary(s) shall be identified in the
Registry of Beneficial Interest Holders, Schedule ‘B”, kept in the Trust Schedules book. The shares shall be
considered to be personal property and shall entitle the Beneficiary(s) to participate in all dividends and other
distributions of profit in the proportion of the number of Trust Units they hold to the number of units issued
and outstanding.
6.12
ENTITLEMENT TO TRUST CORPUS: Ownership of Trust Units shall not entitle a
Beneficiary(s) to any other divided interest in the Trust, such as entitlement to any portion of the Trust Corpus.
Beneficiary(s) shall be entitled to receive distributions only at such times as determined to be in the best interest
of the Trust by the Board of Trustees, or by the sole authority and discretion of the Trustee(s),
consistent with the Trust’s Purpose set forth in the Trust Agreement.
6.13
CONTROL OF PROPERTY AND TRUST BUSINESS: No Beneficiary(s) shall have the
right to manage or control the property, affairs or business of the Trust, or any power to control the Trustee(s) in
these respects regardless to if that Beneficiary(s) has disclaimed his beneficial interest in the Trust and
surrendered the certificate or not.
6.14
ENTITLEMENT OF CREDITORS TO TRUST CORPUS: Death, insolvency, or
bankruptcy of a Beneficiary(s) shall not entitle his creditors, heirs or legal representatives to demand any partition
or division of the Trust or any special account to be allocated on his behalf.
6.15
PAYMENT OF DEATH TAXES: The Trustee(s) is authorized and ordered to pay out of
the principal of the Trust Estate, the appropriate and proportionate share of any inheritance, succession, death,
transferor estate taxes, including any interest and penalties thereon that may be assessed due to the death of a
person who transferred assets into the Trust. To make such payments, Trustee may rely solely on the written
statement of the administrator of the Estate or the Executor of the transfer as to the proportionate share of such
taxes that are able to be charged to the Trust Estate.
ARTICLE VII
SPENDTHRIFT TRUST PROVISION
7.1
SPENDTHRIFT TRUST: Except as herein otherwise expressly provided, all income or
principal to be paid to any of the Beneficiary(s) shall be paid by Trustee(s) directly and only to the Beneficiary(s)
or to the personal representative of any Beneficiary(s), or, where authorized, shall be applied for the benefit of
any Beneficiary(s).
7.2
SUBJECT TO TRANSFER: Trustee(s) shall not be subject to recognizing any transfer,
mortgage, pledge, hypothecation, order, or assignment of any Beneficiary(s) by way of anticipation of income
or principal. The income and principal of any Trust hereinunder shall not be subject to transfer by operation of
law including, without limitation, and order of any Bankruptcy Court or other Court of competent Jurisdiction,
and shall be exempt from the claims of spouses, creditors or other claimants, and from orders, divorce decrees,
decrees, levies, attachments, garnishments, executions, and other legal or equitable process or proceedings to
the fullest extent permissible by law.
7.3
SUSPENSION OF BENEFICIARY(S) PAYMENTS: If any creditor or other claimant
attempts by any means to subject to the satisfaction of the claim of such creditor or claimant the interest of any
Beneficiary(s) entitled by the provisions thereof to receive income or periodic payments from the principal or
income, or both, then notwithstanding any other provisions herein, that Beneficiary(s), during such time
thereafter as Trustee(s), in Trustee(s) absolute and sole discretion, shall deem advisable, shall not be entitled to
receive payments from the Trust. However, during the time payments are so suspended, Trustee(s), in Trustee(s)
absolute discretion, may pay to or expend for the benefit of such Beneficiary(s) as much of the Trust net income,
not to exceed the income to which such Beneficiary(s) would otherwise be entitled, as Trustee(s) deems, in his
or her absolute and sole discretion, necessary for the health, transportation, lodging, wellbeing, support and
education of such Beneficiary(s) in accordance with the latter's station in life.
7.4
POWER TO ASSIGN: No Beneficiary(s) of this Trust, including but not limited to the
Settlor, shall have the power to anticipate, transfer, sell, assign or encumber any payment or distribution of either
principal or income to be made under the provisions of this Trust. Any anticipation, transfer, sale, assignment
or encumbrance by any such Discretionary Beneficiary(s), whether of principal or income, whether by voluntary
actor by operation of law, shall be void and of no effect whatsoever. No distribution or payment shall be made
by the Trustee(s) to any creditor, assignee, receiver, referee in bankruptcy, or Trustee(s) in bankruptcy of any
such Discretionary Beneficiary(s).
7.5
INSOLVENCY OF BENEFICIARY(S): Any attempted sale, conveyance, transfer,
assignment, mortgage, pledge or encumbrance of the trust estate, or any part thereof, or any interest therein, by
a Beneficiary(s) hereunder, prior to the actual distribution as herein provided, shall be absolutely and wholly
void. Any Beneficiary(s) of a trust created hereunder may renounce his or her interest, in whole or in part, at
any time. The Trustee(s) shall not make any distributions whatsoever to a Beneficiary(s) in the event that such
Beneficiary(s) is insolvent as defined in the Uniform Fraudulent Conveyance Act; or should a Beneficiary(s)
have judgments, claims, suits, or be involved in any bankruptcy proceedings, then the Trustee(s) shall not make
any distributions whatsoever to the Beneficiary(s) during pendency thereof; or should any creditor or claimant
of a Beneficiary(s) attempt or threaten to attach any right, title or interest that a Beneficiary(s) may have in any
trust or in any income or principal distributions from any trust contained herein, then during the pendency
thereof, a Beneficiary(s) so affected shall not be distributed any principal or income from any trust by the
Trustee(s) or any other person, party, or court.
7.6
FORCE OF DISTRIBUTION: The Trusts created by this document are spendthrift trusts.
No Beneficiary(s) or third party or any creditor of a Beneficiary(s) may force any distribution or payment from
any trust created by this document. Nothing contained in this Section shall restrict in any way the exercise of
any power of appointment granted in this agreement.
ARTICLE XIII
JURISDICTION
8.1
RIGHT TO ESTABLISH TRUST: This Trust Agreement is considered to be a contract and
is made under the Law of Contracts (Rights of Contract Law) which are secured under the organic Constitution
for the United States of America (art. I, § 10: art. IV, § 2, cl. 1), the organic Bill of Rights, American Equity Law
and Case Law and in accordance with the laws of the United States of America.
8.2
NATURAL RIGHTS OF TRUST: The construction and effect of every provision of this
Trust Indenture shall be subject to the fundamental laws, protections of natural rights, and law (equity law and
case law) in the United States of America.
8.3
VENUE: The Private Venue shall have Original and Exclusive Jurisdiction at all times
hereafter (except any contractual obligation that is incurred by acts of Trustee(s) on behalf of the Trust), and
all beneficial interest therein shall be deemed to be in the same Situs and Venue as this Trust. The
terms, conditions and specifications of this Trust Agreement shall not be mandated to be filed in any public venue.
8.4
SITUS: This Trust Agreement has been executed and created in the STATE OF
CALIFORNIA
however, shall be construed and administered according to the laws of the United States of America.
8.5
CHANGING THE SITUS ADMINISTRATION: The Trustee(s) may, at any time, remove
all or any part of the property or the situs of administration of the Trust from one jurisdiction into another whenever
the Trustee(s) deem to be most beneficial for the Trust or the Beneficiaries. The Trustee(s) may choose or elect, by
filing the appropriate instrument with the Trust records, that the Trust from there forward be construed, regulated
and governed as to administration by the laws of the new jurisdiction or territory. The Trustee(s) may take action
for any purpose the Trustee(s) deem appropriate under this Section, including taking the action to minimize tax
liability in respect of the trustor any Beneficiary of the Trust.
ARTICLE IX
PRIVACY
9.1
TRUST PRIVACY: The Trustee(s) shall not be obligated to make known to anyone
that that this Trust Indenture exists or any matters in relation thereof or that they are named as such or that they
are now or at any time hereafter included in any way in the Trust, nor are they obligated to contact any Certificate
Holder or Beneficiary(s) until such becomes absolutely and indefeasibly entitled to receive actual payment of any
monies or investments held by the Trust hereunder, and the Trust Officer shall then only be obligated to inform
the person(s) of his actual entitlement to distribution and the existence of this Trust Indenture.
9.2
PROTECTION OF TRUST INSTRUMENT: Neither this instrument in its entirety,
nor any of its parts shall ever be duplicated, reproduced, replicated, re-constructed, nor copied in any such way
as to create another separate, by itself, stand alone, copy, or clone of this Trust organization, by any means, in any
way, at any time, under any and all circumstances, as this Trust Indenture document is the sole property of the
parties to it and is licensed to its original Activator(s) and Creator(s) to the exclusion of any other party or parties
in perpetuity.
9.3
PRIVATE TRUST INDENTURE: This Trust Indenture shall be interpreted as a
private agreement, contractual in nature, made under exclusive jurisdiction of the Law of Contracts, all Rights to
privacy available in this and other applicable jurisdictions, and shall be applicable in accordance with and in
addition to, as though it were apart thereof, the opinions rendered in Smith v. Morris, 2 Ca. 524; Boyd v. U.S.,
116 U.S. 618; and Silverthorne Lumber Company v. U.S., 251 U.S. 385, which states in pertinent part, “[t]he
Trustee(s)[s] of a trust have all the powers necessary to carry out the obligations which they assume….Their
books and records are not subject to review or subpoena.” The penalty for the release of any information pursuant
to the material contained within is made party of a tort action and
breach of trust action in an amount not less than One-hundred Thousand U.S. Dollars ($100,000) or the equivalent.
ARTICLE X
POWERS IN GENERAL; LIABILITY
10.1
TRUST ACCOUNTING: Except to the extent required by law, Trustee(s) shall not be
required to file annual accounts with any court or court official in any jurisdiction within the United States of
America and abroad. Upon the written request of a Beneficiary(s), Trustee(s) shall render an accounting at least
annually to the income Beneficiary(s) of the trust during the accounting period that includes the date of the written
request. The accounting shall include the receipts, disbursements, and distributions occurring during the
accounting period and a balance sheet of the trust property if no tax return is filed or may consist just of the tax
return IRS Form 1041 for the accounting period if a tax return is indeed filed for the trust. In the absence of fraud
or manifest error, the assent by all income Beneficiary(s) to an accounting of an Independent Trustee(s) shall
make the matters disclosed in the accounting binding and conclusive upon all persons, both those in existence on
the date of this agreement and those to be born in the future who have or will in the future have a vested or
contingent interest in the trust property.
10.2
DISCRETION OF POWER: Every discretion or power hereby conferred on the Trustee(s),
Successor Trustee(s), Trust Protector or other Trust Officers, shall be an absolute and uncontrolled discretion or
power, and they shall thereby not be liable for any loss or damage occurring as a result of the exercise of such
discretion or power, so long as such exercise is in good faith.
10.3
ERRORS AND OMISSIONS: Neither the Trustee(s), Successor Trustee(s), Trust Protector,
nor the Trust Officers shall be liable for the consequence of any error or omission whether of law or of fact on
his or their parts or on the part of his or their legal or other advisors or generally for any breach of duty or trust
whatsoever, unless it shall be proved to have been committed, made, or omitted consciously, fraudulently, or in
bad faith by any one or more of them.
10.4
HOLD HARMLESS: The Settlor, Trustee(s), Trust Officers, Beneficiary(s), and Successor
Trustee(s) shall be held harmless against any claims or taxes and depositions arising in connection with the Trust.
10.5
NO COURT PROCEEDINGS: This Trust shall be administered expeditiously, consistent
with the provisions of this agreement, free of any judicial intervention, and without order, approval or action of
any court in any jurisdiction. The trust shall be subject to the jurisdiction of a court only in the event that the
Trustee(s) or other interested party should institute or initiate a legal proceeding. A proceeding to seek instructions
or a court determination shall be initiated in the court which has the original jurisdiction over matters that relate
to the construction and the administration of the Trust Agreement. Seeking instructions or a court determination
from a court shall not subject the Trust to the continuing jurisdiction of that court. Any
.
questions or disputes that may arise during the administration of this trust must be resolved by mediation and if
further assistance is necessary, through arbitration in accordance with the Uniform Arbitration Act. Each
interested party involved in the Trust dispute (including Trustee(s), if involved) shall select an arbiter and, if
necessary, to establish a majority decision, the arbiters selected shall select an additional arbiter. The decision of a
majority of the arbiters selected shall control the decision with respect to the matter.
10.6
CONTENT PROVISION: If after receiving a copy of this Section, any person shall, in any
manner, directly or indirectly, attempt to contest or oppose the validity of this Trust Agreement, (including any
amendment to this Agreement), or commences, continues, prosecutes or attempts to prosecute any legal
proceedings to set this agreement aside, then such trust, entity or person shall automatically forfeit their share,
cease to have any right or interest in the Trust property and shall, for the purpose of this Trust Agreement, be
deemed to have predeceased the remaining Beneficiary(s).
10.7
EXCULPATION: The Trustee(s) shall have no power to bind Beneficiary(s) personally, and,
in every written contract they may enter into, reference shall be made to this declaration; and any person or
corporation contracting with the Trustee(s), as well as any Beneficiary(s), shall not look to the funds and to the
Trust property for payment under such contract, or, for the payment of any debt, mortgage, judgment, or decree,
or for any money that may otherwise become due and payable whether by reason or failure of the Trustee(s) to
perform the contract, or for any other reason, and neither the Trustee(s) nor any Trust Protectors or Beneficiary(s)
shall be liable personally therefore.
ARTICLE XI
DURATION OF TRUST
11.1 EXPIRATION OF TRUST: This Trust shall continue for twenty-one (21) years from the
death of the last Beneficiary that is listed under this Trust Indenture. At the end of that time period, unless
otherwise decided by the Board of Trustees, the Trust shall automatically be renewed for a period of ninety (90)
days in order to provide time to make final disbursements and execute the termination of the Trust. If there is a
complication or a Board declared emergency, then the Trust shall be extended for an additional period of one-
hundred twenty (120) days and then shall expire if not renewed for another twenty-one (21) year term before that
time by the Board of Trustees.
ARTICLE XII
SEVERABILITY
12.1 SEVERABILITY: The invalidity or unenforceability of any provision of this Trust Agreement
shall not affect the validity or enforceability of any and all other provisions of this Trust Agreement. If a court
of competent jurisdiction determines that any provision contained within this Trust Agreement is invalid, the
remaining provisions of this Agreement shall be interpreted, enforced and construed as if the invalid
provision had never been included in this Trust Agreement.
ARTICLE XIII
INTERPRETATION: DEFINITIONS
13.1
TRUST LANGUAGE: For the purpose of this Trust Indenture, the singular shall include the
plural, the terms him” or “it” shall include both genders and the neutral reference to a person shall include
organizations or entities except where the context specifically so denies. The term “trust corpus” shall include the
body of the Trust, funding, holdings, profits and organization as administered by the Trustee(s) and Trust Officers.
In this Trust Indenture the following special definitions and terms shall have the following meanings:
1.
“ADOPTED AND AFTERBORN PERSONS”
A legally adopted person in any generation including his descendants, descendants by legal
adoption or court appointment shall have the same inherent rights and be treated in the same
regard under this Trust agreement as natural children of the adopting parent, provided that
the adopted person is legally adopted prior to the age of 12 years old. A legally adopted child
includes any person legally adopted as the child of another in a court proceeding. Adopted
child can be a minor or an adult. A person shall be considered as legally adopted if the
adoption was legal within the jurisdiction where the adoption occurred at the time that the
adoption occurred, within or without the United States of America. A fetus that is conceived
but later born alive shall be considered to be a person during the period of gestation before
live birth.
2.
“AGREEMENT”
The term "Agreement” is relative to the Trust Agreement and includes all Trusts that
have been created subsequent under the terms of the original Trust agreement.
3.
“ASCERTAINABLE STANDARD”
The term “Ascertainable Standard” is a standard that restricts the power of the Trustee to
make distributions to a Beneficiary to an extent measurable by the Beneficiary’s needs for
health, education or support.
4.
“BENEFICIAL CARE”
The term "Beneficial Care" is intended to be a standard that is ascertainable in accordance
with the care and maintenance necessary for the well-being, health, benefit, lodging, support,
allowance, medical expenses, provision of personal care and hygiene, clothing, education,
outside assistance of any professional or non-professional person/entity, personal services of
all types of such Beneficiary(s) in accordance with the latter stages.
5.
“CERTIFICATE OF TRUST UNITS/CERTIFICATE OF BENEFICIAL
INTEREST”
The term “Certificate of Trust Units”, also referred to as “Certificate of Beneficial Interest”,
means a certificate representing a percentage of the immovable ‘res” to be distributed to the
Beneficiary(s) upon discharge of the Trust. Only the Beneficiary(s) shall receive Certificates
of Trust Units. Neither the Trustee(s) or Trust Officers may receive Certificates of Trust
Units.
6.
“DESCENDANTS”
The term "Descendants" shall include any person that is considered to be a lineal descendant.
A lineal Descendant is a direct descendant of a person. A person in direct line of blood
relationship following downwards from an individual, starting from his children,
grandchildren and great grandchildren of all generations.
7.
“DEFAULT BENEFICIARY(S)”
The term “Default Beneficiary(s)” means the person whose benefit the Trust is created and
administered for in the event that there are no delegated Beneficiary(s), or holders of
Certificates of Trust Units at any given time during the life of the Trust.
8.
“EDUCATION”
The term "Education" is intended to be a standard that is ascertainable in accordance with
Section 2041 and Section 2514 of the Internal Revenue Code and shall include the
following but not be limited to:
i.
Any enrollment at a private or charter elementary, junior and senior high
school including boarding school, schools of religion or any academy;
ii.
Undergraduate and graduate study in any field at a public or private college
or university, accredited with the State or of religious nature;
iii.
Any specialized, vocational or professional training or instruction at any
institution including internship or private instruction in a student capacity; and
iv.
Any other curriculum or activity (both at a physical location or online) that
Trustee(s) may determine to be useful and beneficial for the development of
abilities and interests of any Beneficiary(s) including but
not limited to athletic training, musical training, theatrical studies, creative
training including the arts and travel both within the United States of
America and abroad.
The term "Education" shall also include any distributions that are made by the Trustee(s)
for expenses that are relative to the above such as tuition, housing, room and board,
transportation, allowances, clothing, books and other needed school supplies,
educational fees, special fees, membership fees for organizations
including societies both private and public, fraternities, sororities, clubs and fees that
are associated with the education and improvement of the Beneficiary(s), tutoring,
transportation and a reasonable allowance for living expenses while in attendance of any
institution as defined above.
9.
“EXPRESS TRUST”
The term “Express Trust” shall mean a contractual relation through Trust Agreement that is
formed by parties’ sui juris, wherein the legal estate is put entirely in one or more principals,
while other persons hold beneficial interest in and out of the same but are neither partners
nor agents. This trust is created without privilege or franchise from any Government or
Government corporation but is created entirely by the parties exercise of simple, adequate,
legal rights, any man or group of men sui juris may exercise, the Trustee(s) issuing
Certificates of Beneficial or Capital Interest at the Trustee(s) discretion, as well as issuing
bonds and other obligations, or making whatever contractual relations are allowed to all
men as their natural right.
10.
“INCAPACITY”
Except in an instance specifically outlined separately in this agreement, a person shall be
deemed to be incapacitated in any one of the following circumstances as applicable to the
Trust:
1.
The Opinion of Two Licensed Physicians
a.
An individual shall be determined as incapacitated whenever the opinion of two
separate licensed physicians who are not in a partnership or collusion relationship
or in any way connected to one another by relation or practice, determine that the
individual is mentally, physically or psychologically unable to effectively
manage his property or fiduciary responsibilities, whether that inability is the
result of age, illness, prescribed medications, drugs or other substances or any
other cause. An individual shall be determined able to be restored to their capacity
whenever the individual’s personal or attending physician(s) provide a
written opinion that the individual is effectively able to resume the
management of his property or fiduciary responsibilities.
2.
Court Determination
a.
An individual shall be considered as incapacitated if a court of competent
jurisdiction has declared that the individual is disabled, incompetent or legally
incapacitated either due to being incarcerated, legally held by a third-party
organization agency or operating in a freestanding capacity.
3.
Detention, Disappearance or Absence
a.
An individual shall be considered as incapacitated whenever he cannot
effectively manage the administration of his property or financial
responsibilities due to the individual’s unexplained disappearance or absence
for more than 30 consecutive days or whenever he is detained under duress or
legally. An individual’s disappearance or absence or detention under duress
may be established by a declaration of facts of the Trustee(s). If no Trustee(s)
is currently serving, by the declaration of facts of the Trust Protector. The
affidavit shall describe in detail the circumstances of the individual's
disappearance, absence or detention and may be used or relied upon by any third
party who is dealing in good faith with the Trustee(s) in reliance upon the
affidavit.
11.
“INCOME BENEFICIARY(S)”
The term "Income Beneficiary(s)" shall mean any Beneficiary(s) who is entitled to
receive any distribution based on the net income of the Trust, only at the sole discretion
and determination of the Trustee(s). Unless otherwise provided in this agreement, an
Income Beneficiary(s) shall mean any combination of Income Beneficiary(s) who would
receive more than fifty percent (50%) of the accrued net income.
*For the purpose of the calculation of net income, a Beneficiary(s) who are eligible to receive a
discretionary distribution of net income shall be determined to receive the income at the absolute sole
discretion and determination of the Trustee(s) as he shall review on a case by case, individual basis
according to each circumstance with the information that is available to him after doing his due diligence.
The decision of the Trustee(s) is final and outside of any authority to be challenged and/or disputed by any
Beneficiary(s), representative or third party. *
12.
“INDEPENDENT TRUSTEE(S)”
The term "Independent Trustee(s)" means a Trustee(s) who is not an Interested
Trustee(s) as defined herein the Trust Agreement. Only an Independent Trustee(s) may
exercise the powers that have been granted exclusively to an Independent Trustee(s) when
the phrase “other than an Interested Trustee(s)” is specifically used. Whenever this
agreement specifically prohibits an Interested Trustee(s) from exercising his discretion or
performing an act as Trustee(s), then only an Independent Trustee(s) may exercise the
needed discretion or perform the act in question. An Independent Trustee(s) shall not be
liable to any person or entity for any good faith act, exercise or non-exercise of his duties
and sole and absolute discretion that has been granted under this Agreement.
13.
“INTERESTED TRUSTEE(S)”
The term "Interested Trustee(s)" means a Trustee(s) who is a transferor of any property,
tangible or nontangible, into the Trust (including any person who has a qualified disclaimer
which resulted in the property being passed to the Trust). For the purpose of this subsection,
a “Beneficiary(s) of the trust”, means a person who is currently (or in the future tense)
eligible to receive income or principal from the Trust pursuant to the terms of the Trust. A
persona shall be considered to be a Beneficiary(s) of a Trust even if he has only a remote,
contingent remainder of interest in the Trust; however, a person shall not be considered to
be a Beneficiary(s) of a Trust if the person’s only interest is as a potential appointee under
a testamentary power of appointment.
14.
“INTERNAL REVENUE CODE AND TREASURY REGULATIONS”
ANY and ALL references to the "Internal Revenue Code" also known as “IRC” or to its
provisions, laws, statutes and codes are to the Internal Revenue Code of 1986, as amended
from time to time, and the corresponding Treasury Regulations of the United States of
America, if any. References to the "Treasury Regulations," are to the Treasury Regulations
that are under the Internal Revenue Code and in effect. If a particular provision of the
Internal Revenue Code is renumbered, or the Internal Revenue Code is superseded by a
subsequent federal tax law, any reference to that provision shall be applicable to the
renumbered provision or to the corresponding provision of the subsequent law, unless to
do so would clary be contrary to the intent or conflict with the intention as set forth in this
agreement. The same rule shall apply to ANY and ALL references to the Treasury
Regulations.
15.
“LEGAL REPRESENTATIVE
As used in this agreement, the term "Legal Representative” shall mean a person’s parent,
guardian, conservator, executor, administrator, Trustee(s) or any other person or entity that
has been delegated or legally assigned to personally appear on behalf of that person or is
representing a person or the person’s estate.
16.
“PER STIRPES”
The term “Per Stirpes” is the Latin word for “my roots”. It refers to the Beneficiary(s) right
to receive from the Trust an inheritance that is in equal share to the individual they’re
representing. Whenever a distribution is to be made to a person's descendants using the term
per stirpes”, that distribution shall be divided into as many shares as there are living
children of such person and deceased children of such person who transitioned while those
descendants were living. Each then living child shall be a Beneficiary(s) of the Trust and
shall continue to every then living descendants of then living children in the same manner.
17.
“PROPERTY”
The term “Property” shall mean any real and personal, moveable or immovable property
of any description, wherever located and wheresoever situated including but not limited to
any policies, cash indentures, titles, assignments, mortgages and/or loans. This term also
denotes Trust Res, or Res Lat.
18.
“SETTLOR”
The term “Settlor" shall have the same legal meaning as "Grantor”, “Creator”, “Organizer”,
“Architect”, “Author”, “Establisher”, “Begetter”, “Founder”, “Originator”, “Initiator”,
“Producer”, “Framer”, “Generator”, or any other term referring to the maker of a trust.
19.
SHALL AND MAY”
Unless otherwise specifically defined in this agreement or by context in which used, the
word "shall" is used in this Trust agreement as a command, direct or required and the word
“may” is used to allow or be permitted but not required. In the context of the Trustee(s),
when the word “may” is used, it is intended that the Trustee(s) may act in his sole and
absolute discretion unless otherwise stated in this agreement.
20.
“TRUST”
The terms "Trust" or "Trust Agreement" or “This Agreement”, shall refer to the agreement
of the established Trust and all Trusts created under the terms of the established Trust whose
Agreements are established in accordance with Scott on Trust Law and the Internal Revenue
Code.
21.
TRUSTEE(S)”
The term "Trustee(s)" is a specific reference to the Trustee(s) who is named in Article One
of the Trust Agreement and to any Successor, substitute, replacement or additional person,
legal corporation or other entity that may act as the Trustee(s) of any Trust that is created
under the terms of this Trust agreement. The “Trustee(s)” shall also refer to singular or
plural as the context it is used in may specify or require.
22.
TRUST PROPERTY”
The phrase "Trust Property" shall be assigned to mean all property, monies, tangible and
intangible items, assets, rights, assignments and other items held by the Trustee(s) under
this Trust Agreement, including any property that the Trustee(s) may acquire or that may
be transferred from any source both tangible and intangible at the discretion and decision
of the Trustee(s).
23.
“TRUST PROTECTOR”
The phrase “Trust Protector” is a person appointed under the Trust Agreement to direct or
restrain the Trustee (and other Trust Officers) in relation to their administration of the Trust.
24.
“WITHIN THE UNITED STATES”
This phrase “Within the United States”, “United States”, “United States of America” shall
mean inside of the location territory of the United States of America, the land mass. The
location territory of the United States is expressly included within this contractual agreement
in terms of being the default territory of location in commercial transactions, but does not
exclude the Trustee(s) from operating under the terms of this Trust Agreement in territories
abroad or prohibit the Trust Agreement from being enforced or exercised in commercial
transactions in other territories abroad.
The United States of America in the Federal Territory and capacity is excluded from this
Trust Agreement as the governing authority over this Trust Agreement in the capacity of the
United States federal corporation [28 USC 3002(15)(A)], and that exclusion includes,
but is not limited to, its subdivisions, instrumentalities, principals, agents, contractors,
partners, officers, and employees: This Trust Agreement does not consent to all within the
United States (sic) as a third-party overseer to this contract; this Trust Agreement is not
subject to the jurisdiction of the United States (sic); This Trust Agreement has not been
created not by leave, license or permission of the United States (sic); This Trust Agreement is
not created or operable based on acceptance of any economic benefits whatever offered by the
United States (sic); This Trust Agreement is not created in partnership within the de facto
United States. The term “Within the United States” shall be construed to also mean within
the UNITED STATES”, “UNITED STATES OF AMERICA”, U.S.”, “US.A.”, U.S. as
a territory not a legal jurisdiction of authority. This includes “Government”, or any f/k/a,
a/k/a, or d/b/a by which it might be known or do business. The jurisdiction of United States
of America is distinctly foreign in authority with respect to the situs of this Trust (per U.S.
v. Perkins, 163 U.S. 25, 16 S. Ct. 1073, 41 L. Ed. 287 (1896); In re: Merriam’s Estate, 36
N.Y. 505, 141 N.Y. 479
TRUST NAME
PRIVATE TRUST
©
Acceptance Of Trustee; Governing Authority; Severability
Acceptance of Trustee. Effective upon the execution of this Trust, the Trustees,
TRUSTEE NAME, accepts the Trust Agreement created hereunder and agrees to be bound by all
of the terms set forth herein and to hold the Trust property in Trust. The Trustees shall not have
any duty to inquire into the administration of the distributions to any Beneficiary after received or
actions that have been taken by any prior Trustee, if assigned.
Governing Authority. This Trust Agreement creating TRUST NAME
PRIVATE TRUST, has been accepted in its entirety on DATE and will be administered in the
STATE OF CALIFORNIA. The laws of that state thereunder shall govern its validity,
construction and all rights, provided, however, the Trustee, by written instrument filed with the
trust records, may elect to change the situs and governing law of the trust to either the domicile
of the Trustee or the state where the principal assets of the trust are located.
Severability: If any provision of this trust agreement should be invalid or unenforceable,
the remaining provisions thereof shall continue to be fully effective.
In witness whereof, Trustor and Trustees have executed this agreement in Fresno County, California
on the day and year first above written.
TRUSTEE: TRUSTEE NAME CO-TRUSTEE: CO-TRUSTEE NAME
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared TRUSTEE NAME, who proved to me on the basis of satisfactory evidence to be the person whose
names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in
their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
Acceptance Of Trust Protector
The responsibilities and duties of Trust Protectors as Trust Protector of TRUST NAME
PRIVATE TRUST have been accepted by TRUST PROTECTOR NAME, on DATE and will
be administered in accordance with the terms and purpose of the establishment of this Trust
Agreement.
TRUST PROTECTOR(S):
TRUST PROTECTOR NAME CO-TRUST PROTECTOR NAME
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared TRUST PROTECTOR NAME, who proved to me on the basis of satisfactory evidence to be the
person whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed
the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the
laws of the State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
An Irrevocable Trust Organization
SCHEDULE “A”
DESCRIPTION OF PROPERTY
BEGINNING INVENTORY:
COIN INVENTORY
TRUST NAME
PRIVATE TRUST
©
SCHEDULE A PROPERTY LIST
(CONTINUED)
TRUST NAME
PRIVATE TRUST
©
SCHEDULE B
REGISTRY OF BENEFICIARIES
1
ST
GENERATION BENEFICIARY
BENEFICIARY 1
BENEFICIARY 2
3
RD
GENERATION BENEFICIARY
TRUST NAME
PRIVATE TRUST
©
SCHEDULE C
REGISTRY OF TRUSTEES
TRUSTEE NAME,
INITIAL TRUSTEE
SUCCESSOR TRUSTEE NAME,
SUCCESSOR TRUSTEE
TRUST NAME
PRIVATE TRUST
©
SCHEDULE D
SUCCESSOR TRUST PROTECTOR
SUCCESSOR TRUST PROTECTOR NAME,
SUCCESSOR TRUST PROTECTOR
TRUST NAME
PRIVATE TRUST
©
SUCCESSOR TRUST PROTECTOR ACCEPTANCE
The responsibilities and duties of Trust Protectors have been accepted by SUCCESSOR TRUST PROTECTOR
NAME, DESIGNEE and will be administered in accordance with the terms of this trust agreement.
SUCCESSOR TRUST PROTECTORS:
SUCCESSOR TRUST PROTECTOR NAME
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared SUCCESSOR TRUST PROTECTOR NAME who proved to me on the basis of satisfactory evidence
to be the person whose names is subscribed to the within instrument and acknowledged to me that (he/she/they)
executed the same in their authorized capacity, and that by their signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY
under the laws of the State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
APPOINTMENT OF SUCCESSOR TRUSTEE
At a special meeting of the Trust Protector of TRUST NAME PRIVATE TRUST
held pursuant to waiver of notice, or by waiver thereof, the following resolution was duly
adopted:
Whereas , Trustee, has resigned or otherwise terminated his/her service as Trustee
of this Trust; and
Whereas, it is both necessary and desirable that a Successor Trustee be appointed; it is resolved, that
be and (he/she) is herewith appointed as a Trustee of this Trust,
said appointment to be effective immediately.
TRUST PROTECTOR:
Signature
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the
person whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed
the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the
laws of the State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
APPOINTMENT OF SUCCESSOR TRUST PROTECTOR
At a special meeting of the Trust Protector of TRUST NAME PRIVATE TRUST
held pursuant to waiver of notice, or by waiver thereof, the following resolution was duly adopted:
Whereas, , Trust Protector has resigned or otherwise terminated his service
as Trust Protector of this Trust; and
Whereas, it is both necessary and desirable that a successor Trust Protector be appointed; it is resolved,
that be and (he/she) is herewith appointed as a Trust
Protector of this Trust, said appointment to be effective immediately.
TRUST PROTECTOR:
Signature
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the
person whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed
the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the
laws of the State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires: (SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
LETTER OF INTRODUCTION AND INSTRUCTION
From the Trustee(s)
Trust ID #:
On (date), a meeting of the Trustee(s) of TRUST NAME PRIVATE TRUST,
was held, in which the Trustees adopted a Bank Resolution, a copy of which is provided herein, to be
submitted by the Trustee(s) when required to open accounts or other banking or financial services for this
Trust.
Such accounts with bank(s) and financial institution(s) are to be initiated under the following guidelines:
1.
The Trustee(s) shall have the option of adding additional signature(s) to the Trust's Account(s); and
2.
All Trust Account(s) shall be in the name of TRUST NAME PRIVATE TRUST; on all paperwork
of the bank or financial institution and are to be regular checking or savings account(s); and
3.
The Trustee(s) has authorized the bank or financial institution to be one of the depository(s) of
the funds of this Trust, for either savings or checking account(s) in the name of the Trust, for the
purposes of deposit(s) and collection(s) of check(s), draft(s), note(s), wire transfer(s),
investment(s), and other like obligation(s), issued to or drawn by and owned by this Trust; and
endorsement for deposit and collection may be written or stamped; and
4.
Under no circumstance is the bank or financial institution to be authorized to engage in any
fiduciary capacity as trustees of any such account or service for the Trust; and
5.
The following named individual(s) are authorized to sign checks, effect withdrawal forms on the
depository, however, only one (1) signature may be required by the Trust.
1. 2.
I hereby certify and affirm that the foregoing is true and correct.
Dated this the
day of , 2022.
TRUST NAME PRIVATE TRUST
Trustee
TRUST NAME
PRIVATE TRUST
©
TRUST POWER OF ATTORNEY SIGN CHECKS
MAKE KNOWN TO ALL MEN BY THESE PRESENT THAT:
Authorized Trustee:
Address of Trustee:
A Citizen of the U.S.A.
Trust has constituted, ordained, and made, and place put, and by these presents do constitute, ordain, and
make, and in my stead and place put;
Trustee;
To be the true, sufficient, and lawful Attorney‐in‐Fact for the Trust and in the Trust's name and stead, and to conduct banking activities, open
checking and savings accounts, establish Trust accounts, escrow accounts, write checks, notes, drafts, make loans and invest, or in all ways
negotiate, use, to ask, demand, levy, require, recover and receive of and from all and every person or persons whomsoever the same shall or
may concern, all and singular sum or sums of money, debts, goods, wares, merchandise, effects and things whatsoever and wheresoever they
shall and may be found due, owing, payable, belonging and coming unto me the constituent by any means whatsoever and to sign and endorse
checks, drafts, bills and notes in my name and in my stead and to be a lawful signatory on any account in my name in any bank, savings and
loan, credit union or Trust company.
IN WITNESS WHEREOF the Trustees of Trust, have hereunto set authority by its hand and seal this
day of , 20 .
Signed and sealed in presence of
Witness Date
Authorizing Trustee Date
Accepting Trustee Power of Attorney Date
TRUST NAME
PRIVATE TRUST
©
RECEIPT OF REAL PROPERTY DEED
and as Trustee(s) of
TRUST NAME PRIVATE TRUST dated on, 20
hereby acknowledges receipt of the
Deed of Trust(s), a copy of which is attached hereto , 20_ .
TRUSTEE: TRUSTEE:
Signature Signature
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared ______________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
TRUST POWER OF ATTORNEY - SIGN CHECKS
MAKE KNOWN TO ALL MEN BY THESE PRESENT THAT:
Authorized Trustee:
Address of Trustee:
A Citizen of the U.S.A.
Trust has constituted, ordained, and made, and place put, and by these presents do constitute, ordain, and make,
and in my stead and place put;
Trustee;
To be the true, sufficient, and lawful Attorney-in-Fact for the Trust and in the Trust's name and stead, and to conduct banking activities, open
checking and savings accounts, establish Trust accounts, escrow accounts, write checks, notes, drafts, make loans and invest, or in all ways
negotiate, use, to ask, demand, levy, require, recover and receive of and from all and every person or persons whomsoever the same shall or
may concern, all and singular sum or sums of money, debts, goods, wares, merchandise, effects and things whatsoever and wheresoever they
shall and may be found due, owing, payable, belonging and coming unto me the constituent by any means whatsoever and to sign and endorse
checks, drafts, bills and notes in my name and in my stead and to be a lawful signatory on any account in my name in any bank, savings and
loan, credit union or Trust company.
IN WITNESS WHEREOF the Trustees of Trust, have hereunto set authority by its hand and
seal this day of , 20 .
Signed and sealed in presence of:
Witness Date
Authorizing Trustee Date
Accepting Trustee Power of Attorney Date
TRUST NAME
PRIVATE TRUST
©
BILL OF SALE FOR MOTOR VEHICLE
From Seller of Vehicle to Trustee of TRUST NAME PRIVATE TRUST
Model Yr. Make Model No./Name Body Style Color
Odometer Reading Vehicle ID Number Date of Purchase
Seller’s Reg. No. Have you previously filed application for title for this vehicle:
Yes No
Seller’s Name:
Street and No.
City or Town: State:
AS OWNER OF THIS VEHICLE, I HEREBY TRANSFER OWNERSHIP TO:
Buyer’s Name:
Street and No.
City or Town: State:
For the Sum of $
I purchased
this
vehicle from:
Street and Number City or Town State
I DECLARE UNDER THE PENALTIES OF PERJURY THAT THESE STATEMENTS HEREIN CONTAINED ARE TRUE AND CORRECT TO THE
BEST OF MY KNOWLEDGE AND BELIEF.
Seller Trustee as Acceptor
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
TRUST BILL OF SALES
TRANSFER OF OWNERSHIP FOR MOTOR VEHICLE
From Transferor of Vehicle to Trustee of:
TRUST NAME PRIVATE TRUST
Model Yr.
Make
Model No./Name
Body Style
Color
Odometer Reading
Vehicle ID Number
Date of Transfer
Transferor’s Reg. No. Have you previously filed application for title
for this vehicle: Yes No
Transferor’s Name: Street and No.
City or Town: State:
AS OWNER OF THIS VEHICLE, I HEREBY TRANSFER OWNERSHIP TO:
Trust’s Name: Street and No.
City or Town: State:
I DECLARE UNDER THE PENALTIES OF PERJURY THAT THESE STATEMENTS HEREIN CONTAINED
ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
Transferor: Trustee as Acceptor:
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
For the consideration of the sum of $ (US Dollars), the receipt of
which is hereby acknowledged in cash money, the undersigned;
“Seller” herein and hereby sells and transfers to;
“Buyer”
The following chattels and property:
The Seller warrants that it has good title to said property; but that said property is being sold subject to
the following encumbrances on said property in the amounts shown:
Description of Encumbrances:
This the day of , 20 .
Buyer Signature: Date
Seller Signature:
Date
TRUST NAME
PRIVATE TRUST
©
“Registered Noted Encumbrance”
For the consideration of the sum of $ , ( United States Dollars), the receipt of which is
hereby acknowledged, the undersigned;
“Seller” herein Trust
Hereby sells and transfers to;
“Buyer” herein
The following chattels and personal property:
The Seller warrants that it has good title to said property; but that said property is being sold subject to the following encumbrances on said
property in the amounts shown:
Description of Encumbrances:
Buyer agrees to assume and pay said secured debt and indemnify and save harmless Seller from any claim thereon.
This the day of , 20 .
Authorized Trustee
Buyer Signature
TRUST NAME
PRIVATE TRUST
©
"No Warranties Implied or Given"
For the sum of $ United States Dollars), the receipt of which is hereby and herein
acknowledged;
"Seller" herein Trust,
Transfers unto;
"Buyer" herein
The following goods and chattels:
The Seller warrants and represents that it has good title to same; full authority to sell and transfer same and that
said goods and chattels are being sold free and clear of all liens and encumbrances, provided however;
"Seller" makes no given or implied warranty of merchantability of fitness for a particular purpose; said goods
being sold in their condition "as is" and "where is".
Executed and delivered this the day of , 20 .
Selling Authorized Trustee
Buyer Signature and Acceptance
TRUST NAME
PRIVATE TRUST
©
BID FOR THE PURCHASE OF REAL PROPERTY
To:
As Executor of Estate of:
Now Deceased:
The undersigned hereby offers $ [ ] for the purchase of the property generally known as [ ] described as: [ ]
on the following terms:
The sum of $[ ] being placed on deposit;
The following terms shall govern the paying of the balance:
All Rents, taxes, insurance expenses of operation and maintenance to be prorated as of close of escrow;
The seller to furnish title policy.
Herein is a cashier's check for [$ with cashier's check No. on [Bank name and location], for
$ [amount of check] representing [percent of offer] % of my offer as a deposit.
It is understood that this bid, if accepted, is subject to confirmation by the Superior Court.
(This offer is contingent on your acceptance by [acceptance date] and obtaining the earliest possible date for the court hearing. If you do not
accept this offer on or before said date, you are instructed to return the deposit immediately thereafter) The deposit
($ ) shall be returned in event sale is not confirmed by court.
Upon confirmation of sale, the title shall be conveyed by grant deed (or warranty deed) to
names of parties with the title held as follows:
description of manner in which title will be held.
(This offer is subject to a BUSINESS commission of [BUSINESS commission percentage] % to be paid by the estate to
[name of BROKERS], [BUSINESS license#).
[Address of BROKERS].
DATED: (Signature)
Address Phone
ACCEPTANCE
Receipt is acknowledged of $ [amount of check] as a deposit.
I the above stated offer subject to confirmation by the court and will file a return of sale and immediately notify you of the date of hearing.
DATED
As Executor (Administrator) of Estate of Deceased
TRUST NAME
PRIVATE TRUST
©
POWER OF ATTORNEY
BE IT KNOWN TO ALL MEN BY THESE PRESENT:
I, ,
Residing at:
Hereinafter referred to as Principal;
Hereby and herein appoint
my true and lawful attorney-in-fact.
In Principal’s name, and for Principal’s use and benefit, said attorney is authorized hereby;
(1)
To demand, sue for, collect, and receive all money, debts, accounts, legacies, bequests, interest, dividends, annuities, and demands as
are now or shall hereafter become due, payable, or belonging to Principal, and take all lawful means, for the recovery and preservation
thereof and to compromise the same and give discharges for the same;
(2)
To buy and sell land, make contracts of every kind and manner relative to land, any interest therein or the possession thereof, and to
take possession and exercise control over the use thereof;
(3)
To buy, sell, mortgage, hypothecate, assign, transfer, trade, barter, negotiate and in any manner deal with goods, wares and merchandise,
certificates or shares of capital stock, and other property in possession or in action, and to make, do, and transact all and every kind of
business of whatever nature;
(4)
To execute, acknowledge, and deliver contracts of sale, trade documents, barter manifests, shipping documents, escrow instructions,
deeds, leases including leases for minerals and hydrocarbon substances and assignments of leases, covenants, agreements and
assignments of agreements, mortgages and assignments of mortgages, conveyances in Trust, to secure indebtedness or other obligations,
and assign the beneficial interest thereunder, subordination of liens or encumbrances, bills of lading, receipts, evidences of debt, releases,
bonds, notes, bill, requests to reconvey deeds of Trust, partial or full judgments, satisfactions of mortgages, and other debts, and other
written instruments of whatever kind and nature, all upon such terms and conditions as said attorney shall approve.
All that said attorney shall lawfully do or cause to be done under the authority of this power of attorney
is expressly approved.
Dated this day of , .
Settlor Signature
Print Name
This assignment shall be binding on the heirs and legal representatives of the Undersigned.
Full name of Attorney:
Residence:
Citizenship:
Date Application Executed and Accepted:
Date Signature
Acceptance by Signature
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
REVOCATION OF GENERAL POWER OF ATTORNEY
BE IT KNOWN TO ALL MEN BY THESE PRESENT:
That the General Power of Attorney executed by: and duly
recorded in book number , at page , of the records of
County, State of , by which the undersigned:
, principal, constituted:
Full name of Attorney:
Residence:
Citizenship:
For the purpose set forth in said Power of Attorney, is hereby wholly revoked, cancelled and annulled.
Dated this day of , 20 .
(Principal Signature)
WITNESSES:
Signature
Signature
TRUST LOAN PURPOSE AFFIDAVIT
This the day of , 20 .
The undersigned being first duly sworn on oath
deposes and states:
That the proceeds of the loan of $ (United States
Dollars) being granted me this day of
, 20 from the Trust and authorized by the Trustee of the Trust will be
used for:
Description of Use of Proceeds:
and for no other purpose.
Subscribed and sworn to this
day of , under pains and
penalties of perjury.
Debtor Signature
Authorized Accepting Trustee
PROMISSORY NOTE
I,
Address:
The undersigned:
For value received, jointly and severally, if more than one, promises to pay to
(payee) the principal sum of:
$ (United States Dollars), with interest from date at the rate of % percent per annum on the
balance from time to time remaining unpaid. The said principal and interest shall be payable in lawful money of the
United States of America.
Payable at: (location of payment) or at such place as
may hereafter be designated by written notice from the holder to the maker hereof, on the date and in the manner
following:
Upon demand after day(s) of dated, this day of , 20 .
Signature
Open Account Debt
FOR VALUE RECEIVED, the undersigned promises to pay to the order o
Trust, the sum of $
(United States Dollars), together with interest thereon at the rate of
% per annum on the unpaid balance.
Said principal and interest shall be payable as follows:
Promissory Note Terms:
The undersigned may prepay this Note in whole or in part without penalty. In the event any payment due hereunder
is not paid when due, the entire balance shall be immediately due and payable upon demand of the holder. Upon
default, the undersigned shall pay all reasonable attorney fees and costs necessary for the collection of this Note.
This Note is executed to evidence an existing indebtedness due the payee from the undersigned on an open
account balance as of this date, and this Note shall not be construed as a separate obligation.
Executed and made under seal this day of , 20 .
Debtor Signature
Authorized Loan Transaction Trustee
BALLOON
The Sum of:
$ (United States Dollars)
Date:
FOR VALUE RECEIVED, I (We), the undersigned herein the Borrower, promises to pay to
Trust, the Lender, the sum of $ (United States Dollars) together
with interest thereon at the rate of % per annum.
Terms of Payment shall be as follows:
Beginning months after the date hereof and from month to month thereafter for months until day of
, 20 , payments of interest only shall be due and payable in the amount of $ and a final
payment in the amount of $ .
This Note may be prepaid in whole or in part at any time without premium or penalty. All prepayments shall be applied first to interest,
then to principal payments in the order of their maturity.
The undersigned agrees to pay all costs and expenses, including all reasonable attorneys' fees, for the collection of this Note upon default.
All payments shall be made at , or at such other place as the holder may from time to time designate inwriting.
Each maker, surety, guarantor and endorser of this Note waives presentment, notice and protest, all surety ship defenses and agrees to all
extensions, renewals, or releases, discharge or exchange of any other party or collateral without notice.
Authorized Loan Transaction Trustee
Borrower/Debtor
Witness
TRUST ASSIGNMENT OF NOTE
FOR VALUE RECEIVED,
the undersigned, as holder of a certain promissory note or debt instrument dated day of ,
20 made by or issued by hereby assigns my right, title and interest in said note to:
Trust
Dated: day of , 20 .
Authorized Accepting Trustee
Debt Instrument Holder
TRUST SECURITY AGREEMENT
SECURITY AGREEMENT;
Made this day of , 20 between;
“Debtor” herein identified as;
“Secured Party” and herein identified as;
TRUST
1.
SECURITY INTEREST. Debtor grants to Secured Party a security interest in all inventory,
equipment, appliances, furnishings, and fixtures now or hereafter placed upon the premises
located at
the “Premises” or used in connection therewith and in which Debtor now
has or hereafter acquires any right and the proceeds therefrom. As additional collateral, Debtor
assigns to Secured Party, a security interest in all of its right, title, and interest to any trademarks,
trade names, contract rights, and leasehold interests in which Debtor now has or hereafter acquires.
The Security Interest shall secure the payment and performance of Debtor’s promissory note of
even date herewith in the principal amount of $ (United States Dollars)
and the payment and performance of all other liabilities and obligations of Debtor to Secured Party
of every kind and description, direct or indirect, absolute or contingent, due or to become due now
existing or hereafter arising.
2.
COVENANTS. Debtor hereby warrants and covenants:
a.
The collateral will be kept on the “Premises” or a place or places acceptable to the Secured
Party holding the Security Agreement; and that the collateral will not be removed from the
Premises other than in the ordinary. Course of business with the express written consent of
the Secured Party.
b.
The Debtor’s place of business or , acceptable to the Secured Party,
and Debtor will immediately notify Secured Party in writing of any change in or
discontinuance of Debtor’s place of business.
c.
The Parties intend that the collateral is and will at all times remain personal property
despite the fact and irrespective of the manner in which it is attached to realty.
d.
The Debtor will not sell, dispose, or otherwise transfer the collateral or any interest therein
without the prior written consent of Secured Party, and the Debtor shall keep the collateral free
from unpaid charges (including rent), taxes, and liens.
e.
The Debtor shall execute alone or with Secured Party any Financing statement or other
document or procure any document and pay the cost of filing the same in all public offices
wherever filing is deemed by Secured Party to be necessary.
f.
Debtor shall maintain insurance at all times with respect to all collateral against risks of fire,
theft, and other such risks and in such amounts as Secured Party may require. The policies shall
be payable to both the Secured Party and the Debtor as their interests appear and shall provide
for fifteen (15) days written notice of cancellation to Secured Party.
g.
The Debtor shall make all repairs, replacements, general upkeep, additions, and improvements
necessary to maintain any equipment in good working order and condition.
At its option, Secured Party may discharge taxes, liens, or other encumbrances at any time levied or placed
on the collateral, may pay rent or insurance due on the collateral and may pay for the maintenance and
preservation of the collateral. Debtor agrees to reimburse Secured Party on demand for any payment made,
or any expense incurred by Secured Party pursuant to the foregoing authorization.
1.
DEFAULT. The Debtor shall be in default under this Agreement upon the happening of any
of the following:
-
Any misrepresentation in connection with this Agreement on the part of the Debtor.
-
Any noncompliance with or nonperformance of the Debtor’s obligations under the
Note of this Agreement.
-
If Debtor is involved in any financial difficulty as evidenced by (i) an assignment for the
benefit of creditors, or (ii) an attachment or receivership of assets not dissolved within thirty (30) days, or
(iii)
the institution of Bankruptcy proceedings, whether voluntary or involuntary, which is not dismissed
within thirty (30) days from the date on which it is filed.
Upon default and at any time, thereafter, Secured Party may declare all obligations secured hereby
immediately due and payable and shall have the remedies of a Secured Party under the Uniform
Commercial Code and the State in which the Secured Party is domiciled. Secured Party may require the
Debtor to make it available to Secured Party at a place which is mutually convenient.
No waiver by Secured Party of any default shall operate as a waiver of any other default or of the same
default on a future occasion.
This Agreement shall inure to the benefit up and bind the heirs, executors, administrators, successors, and
assigns of the parties.
This Agreement shall have the effect of an instrument under seal.
TRUST NAME
PRIVATE TRUST
©
This Agreement must be filed with the register of records at the courthouse in the County of
Jurisdiction within five (5) days of execution.
By: Authorized Trustee
This the day of , 20 .
Debtor:
Address:
Address of Secured Property:
Debtor’s Acceptance Signature
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
TRUST ASSIGNMENT OF STOCK AND/OR SECURITIES
For good and valuable consideration, receipt of which is confirmed by this Assignment and hereby
acknowledged;
herein the "Assignor";
Name of Assignor:
Address of Assignor:
A Citizen of the USA
Hereby and herein assign for the use of, loan, mortgage or sell, assign and transfer to
Trust a total of:
Shares of Stock:
Name of Company Stock:
Bonds or Debentures:
Description of Bonds or Debentures:
Other Securities:
Description of Securities:
Standing in my name or named entity that I control, on the books of the Corporation, represented by Certificate
No. CUSIP No. and a description of:
Hereby irrevocable constitute and appoint;
Trust, attorney-in-fact to transfer the securities on the books of the within named
Corporation or entity, with full power of substitution in the premises to hypothecate, lien, sell negotiate, trade or
otherwise dispose of said securities.
Dated this the day of , 20 .
Authorized Trustee as Acceptor Assignor Signature
TRUST NAME
PRIVATE TRUST
©
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
TRUST NAME
PRIVATE TRUST
©
TRUST POWER OF ATTORNEY - SIGN CHECKS
MAKE KNOWN TO ALL MEN BY THESE PRESENT THAT;
Authorized Trustee:
Address of Trustee:
Citizen of the U.S.A. Yes No
TRUST NAME PRIVATE TRUST has constituted, ordained, and made, and place put, and by these presents do constitute, ordain,
and make, and in my stead and place put;
Trustee;
To be the true, sufficient, and lawful Attorney-in-Fact for the Trust and in the Trust's name and stead, and to conduct banking activities, open
checking and savings accounts, establish Trust accounts, escrow accounts, write checks, notes, drafts, make loans and invest, or in all ways
negotiate, use, to ask, demand, levy, require, recover and receive of and from all and every person or persons whomsoever the same shall or
may concern, all and singular sum or sums of money, debts, goods, wares, merchandise, effects and things whatsoever and wheresoever they
shall and may be found due, owing, payable, belonging and coming unto me the constituent by any means whatsoever and to sign and endorse
checks, drafts, bills and notes in my name and in my stead and to be a lawful signatory on any account in my flame in any bank, savings and
loan, credit union or Trust company.
IN WITNESS WHEREOF the Trustees of
TRUST NAME PRIVATE TRUST
, have hereunto set authority by its hand and seal this
day of ,2022.
Signed and sealed in presence of
Witness
Authorizing Trustee
Accepting Trustee Power of Attorney
TRUST NAME
PRIVATE TRUST
©
TRUST SPECIFIC RELEASE
FOR ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION,
The undersigned hereby releases, forgives and forever discharges
Debtor
Its successors, assigns and personal representatives from any and all claims or liabilities arising from:
Detailed Description of Terms and Conditions of Specific Release:
Provided, however, that this release applies only to the foregoing, and no other debt, obligation, agreement
or liability by and between the parties, any of which, if existing, shall survive this release.
Dated: This day of , 20 .
Authorized Trustee for Specific Release
Acceptance of Specific Release
Witness Witness
TRUST NAME
PRIVATE TRUST
©
TRUST GENERAL RELEASE
Dated this the day of , 20 .
In consideration of payment or exchange paid and accepted by:
(Name of Debtor)
To: Trust
Paid by herein the debtor the receipt of
$ , is herein acknowledged, the Trust hereby remises, releases and forever discharges
the said debt or obligation of and from all debts, demands, actions, causes of action, suits, accounts, covenants,
contracts, agreements, damages, and any and all claims, demands and liabilities whatsoever of every name and
nature, both in law and in equity, which against the said
or his/her heirs and assigns any debt or obligations that they now have or ever had
from the beginning of the world to this date and more especially on account of:
Debt or Obligation Description:
Witness hand and seal
Debtor Signature
Signed in the presence of
Authorized Trustee Trustee Acceptance Signature
TRUST NAME
PRIVATE TRUST
©
GENERAL PROXY
The undersigned of being a Trustee of TRUST NAME
PRIVATE TRUST, does hereby constitute and appoint as the lawful attorney, agent and proxy of the undersigned the following named
person: for a period of days, months, or
years from the date hereof, to act for and in the name, place and stead of the undersigned on all matters and things, which may be presented
for action or consideration at such meetings, giving and granting unto said attorney and proxy as full power in all respects as the undersigned
could exercise if present in person.
The undersigned hereby ratifies all that his attorney and proxy may or shall lawfully do in voting at any adjournment or adjournments thereof
within the period of time specified, in respect of all matters, proposals and questions that may properly come before the Trustee(s) for
consideration and action.
Name of Trustee:
Address of Trustee:
Citizen of the U.S.A. Yes No
Trustee Authorization Signature
Print TRUSTEE NAME
ACKNOWLEDGMENT
STATE OF
COUNTY OF
On before me, Notary Public personally
appeared _________________________, who proved to me on the basis of satisfactory evidence to be the person
whose names is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same
in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the
State of that the foregoing paragraph is true and correct.
NOTARY PUBLIC
My commission expires:
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
INDEPENDENT CONTRACTOR
AGREEMENT
AGREEMENT, dated , 20 between:
TRUST NAME
PRIVATE TRUST
©
Hereinafter;
"The Trust" and
Hereinafter;
"The Independent Contractor"
Now, therefore, the parties hereto agree as follows:
1.
EMPLOYMENT. The Trust shall employ the independent Contractor, and the Independent Contractor shall serve the Trust
upon the terms and conditions hereinafter set forth.
2.
TERM AND EXTENSION. The employment of the Independent Contractor hereunder shall commence on day of
, 20 and shall continue to the completion and including final inspections and acceptance by the Trust of
a completion and acceptance report. Subject to this Agreement continuing in full force and effect to and including the date of
the set hereunder for an additional period commencing on day of , 20 , and
ending on day of , 20 by giving the Trust written notice not later than day
of
, 20 of his/her intentions to do so, and upon his exercising such option, all of the terms and
conditions of this Agreement applicable thereto shall continue in full force and effect for such additional period.
3.
DUTIES. During the period or periods of his employment hereunder, the Independent Contractor shall serve the Trust and
shall perform any and all general services outlined in a Services Outline for residential and/or commercial property required
or requested in connection with their business. Within the limitations hereinabove provided, the Independent Contractor will
render such other advisory services in connection with the Services Outline of the Trust as may be requested from time to time
by the Trustees of the Trust, without further compensation other that for which provision is made in this Agreement.
4.
TIME REQUIREMENTS. The Independent Contractor shall devote during the period ending on day of
, 20 not more than % of his/her entire time, energy and skill to the duties of his/her
employment hereunder and shall periodically, or at any time upon the request of the Trust, submit data as to the time performed.
5.
COMPENSATION. The Trust shall pay to the Independent Contractor for his/her services sums in the aggregate amounting
to $ or % per project, during the period of his/her employment hereunder. Such
aggregate sums shall be paid upon satisfactory completion of any Trust project and the submission and acceptance of the
Completion Statement and Final Inspection, and from the proceeds received from the client for whom the Trust Outlined
services are rendered.
6.
INDEMNIFICATION AND HOLD HARMLESS PROVISION. The Independent Contractor agrees hereby to indemnify
and hold harmless the Trust from any and all claims by the Independent Contractor, which may arise out of and in the course of
TRUST NAME
PRIVATE TRUST
©
the performance of his duties hereunder. Any and all claims for unemployment benefits and/or claims for workers' compensation
benefits are hereby expressly waived by the within Independent Contractor who agrees to maintain separate policies of liability, health
and accident insurance as may be necessary or required by the Trust in connection with the performance of its duties herein.
7.
RELATIONSHIP BETWEEN PARTIES. The Independent Contractor is employed by the Trust only for the purposes and
to the extent set forth in this Agreement, and his relation to the Trust shall, during the period or periods of his employment and
services hereunder, be that of an independent contractor. The Independent Contractor shall be free to dispose of such portion
of his/her entire time, energy and skill during regular business hours as he/she is not obligated to devote hereunder to the Trust
in such manner as he/she sees fit and to such persons, firms, or Trusts as he/she deems advisable. The Independent Contractor
shall not be considered as having an employee status or as being entitled to participate in any plans, arrangements or
distributions by the Trust pertaining to or in connection with any insurance, pension, stock, bonus, profit-sharing or similar
benefits for their regular employees.
8.
PROFESSIONAL RESPONSIBILITY. Nothing in this Agreement shall be construed to interfere with or otherwise affect
the rendering of services by the Independent Contractor in accordance with his/her independent and professional judgment.
The Independent Contractor shall perform his services in a good and workmanlike manner and in accordance with generally
accepted industry standards and practices. All city, local, state and government requirements of permits, debris removal,
environment regulations and standards shall at all times be complied with by the Independent Contractor.
9.
ENTIRE AGREEMENT. The within Agreement shall be construed in accordance with law and
shall constitute the entire Agreement between the parties.
In witness whereof, be executed in its corporate name by its Trustee and
the Independent Contractor hereunder, has set his hand and first above written.
Attest: TRUSTEE NAME
By: Independent Contractor
has caused this Agreement to seal, as of this day of 20 .
Company Name
TRUST NAME
PRIVATE TRUST
©
TRUST WAIVER
I, the undersigned have hereby and herein entered the
property of TRUST NAME PRIVATE TRUST (the Property Owner) as an invited guest in order to
perform services on behalf of the Property Owner. The undersigned hereby and herein acknowledges that
there are certain risks inherent in working on the property and the undersigned is willing and herein does
assume all risks with respect to working on the property.
I, the undersigned therefore, hold the Property Owner harmless and blameless regarding any injuries that
may occur to the undersigned or his aids or employees while working on the Property Owner’s property
and waves any and all rights against the Property Owner.
Date:
Contractor or Worker
Date:
Authorized Trustee Signature:
Trust
TRUST NAME
PRIVATE TRUST
©
TRUST CONTRACT TO SELL GOODS
Date:
To:
From:
Re : Purchase of Goods
As of this date you have purchased:
1.
pounds/tons/units at , per
2.
Items per Order at $ per unit.
3.
Other: Transaction Type at $ Total.
The goods are to be delivered at as and when required, between
and
in quantities of not less than (or not more
than) days notice in writing of each delivery to be given to the Seller.
Date:
To:
I hereby confirm your contract, dated , for
.
Signature of Buyer as Purchase Agent
Payment in cash for the amount of each delivery is to be made on the day from the date thereof less percent
discount.
Signature of Authorized Trustee as Seller
Signature of Buyer as Acceptor
TRUST NAME
PRIVATE TRUST
©
TRUST FIRM OFFER TO SELL
Date: _
To:
From: Trust
We hereby offer to sell to you the following:
Description and Details of Offers:
For the price of:
$ (United States Dollars),
Furthermore we do herein agree that this offer will be held open for not more than
days months; your acceptance to take effect as and from its receipt by me.
Authorized Trustee as Offeror
Signature of Buyer as Acceptor
TRUST NAME
PRIVATE TRUST
©
CERTIFICATE OF PREPARATION
This is to certify that the QUIT CLAIM DEED presented herein has been prepared by the undersigned
parties named as Grantor(s) in the aforementioned document.
Dated
Signed
Print Name
Signed
Print Name
TRUST NAME
PRIVATE TRUST
©
SETTLOR GENERAL RECEIPT
DATE
RECEIVED FROM
DOLLARS.
$
Authorized Trustee
Transaction Description:
Partial Transaction Completed Transaction
Grantor
Acknowledgement Signature
Trustee Acceptance Signature
TRUST NAME
PRIVATE TRUST
©
RECEIPT FOR GOODS SOLD,
SERVICES RENDERED, EQUAL EXCHANGES,
BARTER, OR TRADE
DATE:
RECEIVED FROM
DOLLARS.
$
Transaction Description:
Partial Transaction Completed Transaction
Transaction Acceptance Signature
NON-DISCLOSURE AGREEMENT
CONFIDENTIAL AND PROPRIETARY
THIS DOCUMENT IS FULLY BINDING AND WILL BE ENFORCED!
This Agreement by and between the parties named below, is effective as of the day of
20 , by and between with its principal office at
(together with its affiliates referred to herein as a “Party”), and:
Name:
Title:
Company:
Address:
Telephone:
Fax:
(together with its/their affiliates referred to herein as either a “Disclosing Party” or a “Receiving Party”).
WHEREAS, both Parties wish to discuss and may disclose proprietary information, intellectual property
rights, copyrights, and related information;
WHEREAS, in furtherance of such discussions, either Party may elect to share certain confidential and
proprietary technical, financial or business information.
NOW, THEREFORE, the Parties agree to the following,
1.
As used in this Agreement, the term “Information,” means and includes all specifications, drawings,
sketches, models, samples, reports, plans, forecasts, current or historical data, computer programs
or documentation and all other technical, financial or business data.
2.
As used in this Agreement, the term “Proprietary Information” means and includes information,
which is in the possession of a Party, and information which is not generally available to the public,
which constitutes confidential information of that Party, and information which that Party desires
to protect against unrestricted and unauthorized disclosure or competitive use.
3.
All information which is disclosed between the Parties and which is to be protected hereunder as
Proprietary Information shall:
(a)
if in writing or other tangible form, be conspicuously labeled as “Proprietary,”
“Confidential” or the like at the time of delivery and;
(b)
if oral, be identified and characterized as Proprietary prior to disclosure and
subsequently confirmed as such in writing by a Disclosing Party to the Receiving
Party within thirty (30) days of its initial disclosure and upon receipt of said
written notification and;
Within thirty (30) days of its initial disclosure, a Disclosing Party may correct any inadvertent failure to
designate information as Proprietary by written notification to the Receiving Party as soon as practical (but in
no event later than three (3) business days) after such omission is determined. Upon receipt of said
notification, the Receiving Party shall treat such information as Proprietary.
4.
This Agreement shall govern the disclosure between the Parties of Proprietary Information for a
period of one (1) year from the effective date of this Agreement (the “Term”). If discussions relating
to the Opportunities are continuing as of the expiration of the Term, the Parties may extend the
Term of the Agreement by entering into a written extension agreement as may be mutually agreed
upon by the Parties. All obligations of confidentiality set forth hereunder shall continue beyond the
Term as provided under Paragraph 5 below.
5.
Subject to the provisions of Paragraph 6 below, during the Term and for a period of five (5) years
from the expiration of the Term, a Receiving Party shall not without the consent of the Disclosing
Party disclose, publish, or make accessible to any person or entity the Proprietary Information, and
the Receiving Party shall use the Proprietary Information provided hereunder only for purpose of
evaluating the Opportunities and participating in discussions with the Disclosing Party and for no
other purposes. A Receiving Party shall use the same care and discretion to limit disclosure of such
Proprietary Information as it uses with similar Proprietary Information of its own which it does not
desire to disclose or disseminate, but in any case with no less than reasonable care, including taking
steps to:
(a)
restrict disclosure of Proprietary Information solely to its employees, advisors or
representatives with a need to know such Proprietary Information in order to
evaluate the Opportunities and not disclose such Proprietary Information to any
other parties or persons; and
(b)
advise and direct all Receiving Party employees, advisors or representatives with
access to the Proprietary Information of the obligation to protect the Proprietary
Information provided hereunder and obtain a written agreement to that effect from
non-employee advisors and representative. In any event, a Receiving Party shall be
responsible for any breaches of this Agreement by its advisors and representatives.
6.
The obligations imposed upon a Receiving Party herein shall not apply to Information whether or
not designated as Proprietary:
(a)
which is made public by the Disclosing Party or which enters the public domain
other than as a result of a breach of an obligation to the Disclosing Party to protect
the confidential nature of such Proprietary Information;
(b)
which the Receiving Party can reasonably demonstrate is already in its possession
and not subject to an existing agreement of obligation or confidence;
(c)
which is independently developed (i.e., without the knowledge or use of the
Proprietary Information) by the Receiving Party as evidenced by its records; or
(d)
which the Receiving Party is required to disclose pursuant to a valid order of a state
or federal court or governmental body or any political subdivision thereof;
provided, however, that the Receiving Party shall first give notice to the Disclosing
Party and make reasonable effort to obtain (and permit Disclosing Party, at its
option, to obtain) a protective order requiring that the information and/or
documents so disclosed be used only for the purposes for which the valid order was
issued.
7.
Nothing contained in this Agreement shall be construed as granting any rights by license or
otherwise in or to any Proprietary Information disclosed to a Receiving Party. All Proprietary
Information shall remain the property of a Disclosing Party. All Proprietary Information shall be
returned immediately by a Receiving Party to the Disclosing Party upon written request, together
with all copies and duplicates of any such Proprietary Information. Any abstracts, notes,
memoranda or other documents containing any Proprietary Information, or any description,
summary or analysis of any Proprietary Information shall be destroyed by a Receiving Party upon
such written request by the Disclosing Party. The destruction shall be certified in writing by an
officer of the Receiving Party. If the parties hereto decide to enter into any licensing, marketing,
joint venture, or other arrangement regarding any Proprietary Information disclosed hereunder, it
shall only be done on the basis of a separate written agreement between them. No disclosure of any
Proprietary Information hereunder shall be construed a public disclosure of such Proprietary
Information by a Disclosing Party.
8.
The furnishing of Proprietary Information hereunder shall not obligate either Party to enter into any
further agreement or negotiation with the other or, except as may be expressly provided for herein,
if disclosure is made by both parties neither are not refrained from entering into an agreement or
negotiation with any other party. Both parties agree that, unless and until a definitive agreement
between the Parties with respect to any transaction relating to the Copyrights has been executed and
delivered, neither of the Parties will be under any legal obligation of any kind whatsoever with
respect to such a transaction by virtue of this or any written or oral expression with respect to such a
transaction by any of their representatives, directors, officers, employees, agents or any other
representatives or its advisors or representatives thereof. The agreement set forth in this paragraph
may be modified or waived only by a separate writing by the Parties expressly so modifying or
waiving such agreement.
9.
In the event a Receiving Party discloses, disseminates or releases any Proprietary Information
received from a Disclosing Party, except as provided above, such disclosure, dissemination or
release will be deemed a material breach of the Agreement. A Receiving Party acknowledges that
the Disclosing Party will not have an adequate remedy at law if it breaches its obligations under
this Agreement. Accordingly, if a Receiving Party breaches any of its obligations hereunder, the
Disclosing Party shall have the right to obtain equitable relief to prevent the Receiving Party from
taking any actions which are prohibited by, or to require the Receiving Party to comply with the
provisions of, this Agreement. The provisions of this paragraph are in addition to any other legal
right or remedies the Disclosing Party may have under applicable law to require the Receiving Party
to comply with the provisions of this agreement.
10.
Except as may be required by law, without the prior written consent of the other Party, neither Party
hereto, nor its respective representatives, will disclose to any person (except its employees,
advisors, or representatives with a need to know) either the fact that discussions or negotiations are
taking place concerning a possible transaction between the Parties, or any of the terms, conditions
or other facts with respect to any such possible transaction.
11.
Both Parties acknowledge that the other Party may be discussing or may in the future discuss
participation in the Opportunities with other parties. Either Party’s receipt of Information from the
other shall not restrict or impair that Receiving Party’s rights to engage in such discussions or enter
into a resulting business arrangement, provided that this provision shall not authorize either Party
to disclose Proprietary Information of the other Party.
12.
Both Parties understand and acknowledge that any Information provided by the Disclosing Party is
without representation or warranty expressed or implied, as to the accuracy or completeness of the
Information.
13.
This Agreement constitutes the entire agreement between the Parties and supersedes any prior or
contemporaneous oral or written representation with regard to the subject matter hereof. This
Agreement may not be modified except in writing agreed to by both parties.
14.
NON-DISCLOSURE
I, the undersigned, wish to have disclosed and explained to me the aspects of the business of TRUST
NAME PRIVATE TRUST (hereafter “CO”) and its related entities. I understand that the information to be disclosed
and discussed is one or more of the following; proprietary intellectual property, non- public information, a series of
copyrighted trade secrets considered highly confidential by “CO”. As an inducement for “CO” to disclose and discuss
this information with me, I hereby agree to the following terms and conditions of NON- DISCLOSURE:
This Non-Disclosure Agreement is for a period of five years and not only covers the verbal discussions that may
follow, but also any written documentation that may be presented to me for review and possible execution.
I hereby agree not to disclose any business activities of “CO” or related entities and that I will
treat all information as a “Trade Secret”.
I realize that a willful disclosure to third parties without written approval may result in severe and
irreversible damages and consequences to “CO” and its related entities and would subject me to possible criminal
action and a civil suit for damages.
I have been informed that “CO” and its related entities make it a policy to actively pursue legal action in
cases where a Non-Disclosure Agreement has been breached.
(Associate Name)
By:
(Signature) (Title)
Printed Name
Date: